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STATE v. THOMPSON

No. 25352; CA A20277.

644 P.2d 608 (1982)

57 Or.App. 281

STATE of Oregon, Appellant, v. Frank J. THOMPSON, Respondent.

Court of Appeals of Oregon, In Banc.

Decided May 12, 1982.

April 7, 1982.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

James K. Gardner, Hillsboro, argued the cause and filed the brief for respondent.

Taken In Banc April 7, 1982.

THORNTON, Judge.

Defendant was charged with criminal trespass in the second degree. ORS 164.245. While that charge was pending, he was convicted of contempt and fined for the same conduct which had resulted in the criminal charge. On defendant's motion, the trial court dismissed the criminal charge on double jeopardy1 grounds. The state appeals. We reverse.

Defendant and his neighbor have been...

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