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STATE EX REL. RUSSELL v. JONES

SC 28198.

647 P.2d 904 (1982)

293 Or. 312

STATE of Oregon, ex rel. Kenneth Kollman Russell, Plaintiff-Relator, v. The Honorable Robert E. JONES, Chief Criminal Circuit Court Judge of the Fourth Judicial District of the State of Oregon, Defendant.

Supreme Court of Oregon, In Banc.

Decided June 30, 1982.

Attorney(s) appearing for the Case

Lawrence Baron, Metropolitan Public Defender, Portland, argued the cause for plaintiff-relator. With him on the brief were Gail Baron, Christopher Cournoyer, Mark Kramer, and Kenneth Lerner, Metropolitan Public Defenders, Portland.

James E. Mountain, Jr., Deputy Sol. Gen., Salem, argued the cause for defendant. With him on the brief were David B. Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

TANZER, Justice.

This is a proceeding in mandamus. We take the facts from the alternative writ and supporting documents. Plaintiff is the defendant in an underlying criminal prosecution. (Hereafter he is referred to as "defendant.") He entered a no contest plea to a felony charge of sexual abuse in the first degree. Apparently a presentence investigation was ordered to be performed by the Multnomah County Diagnostic Center. That agency requested the defendant to appear...

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