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STATE v. LUTZ

85-4260-C-3, 85-4270-C-3; CA A41902 (Control), A41903.

752 P.2d 845 (1988)

90 Or.App. 247

STATE of Oregon, Respondent, v. Mark Henry LUTZ, Appellant.

Court of Appeals of Oregon.

Decided April 6, 1988.

Review Allowed June 7, 1988.

Attorney(s) appearing for the Case

Allan D. Sobel, Portland, argued the cause and filed the brief for appellant.

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Jens Schmidt, Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals his convictions for harassment and sexual abuse in the first degree. The verdicts were returned by an 11-member jury, and defendant protests that he was denied the right under ORS 136.210(1) to have his case decided by a 12-member jury. He also challenges the indictment and two evidentiary rulings. We remand for the trial court to determine whether defendant consented to be tried by an 11-member jury.

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