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STATE v. LUTZ

TC 85-4260-C-3, 85-4270-C-3; CA A41902, A41903; SC S35161.

760 P.2d 249 (1988)

306 Or. 499

STATE of Oregon, Respondent On Review, v. Mark Henry LUTZ, Petitioner On Review.

Supreme Court of Oregon.

Decided August 30, 1988.

Attorney(s) appearing for the Case

Allan D. Sobel, Southfield, Mich., argued the cause and filed the petition for petitioner on review.

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the response to the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before PETERSON, C.J., and LINDE, CAMPBELL, CARSON, JONES and GILLETTE, JJ., and VAN HOOMISSEN, J. PRO TEM.

VAN HOOMISSEN, Judge PRO TEM.

Defendant appeals his convictions for harassment and sexual abuse in the first degree. ORS 166.065, 163.425. He contends that the trial court abused its discretion in discharging a juror and committed an error of law in continuing his trial with only 11 jurors. The Court of Appeals held that he waived any objection to the discharge. However, it vacated his conviction and remanded the case to the trial court to determine whether he had...

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