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STATE v. OVALLE

A175319.

529 P.3d 278 (2023)

325 Or. App. 538

STATE of Oregon, Plaintiff-Respondent, v. Joshua OVALLE, Defendant-Appellant.

Court of Appeals of Oregon.

April 26, 2023.

Attorney(s) appearing for the Case

Kyle Krohn , Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Timothy A. Sylwester , Assistant Attorney General, Salem, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Shorr, Presiding Judge, and Lagesen, Chief Judge, and Mooney, Judge.

This case presents the question whether an ORS 14.210 motion to disqualify judge for cause is subject to the procedural limits of ORS 14.260(3). As we will explain, the answer is no. This is defendant's second appeal. The first time, we reversed three of his convictions, affirmed two, and remanded for resentencing. State v. Ovalle...

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