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STATE v. FAIR

CC 94-10-37301; CA A90430; SC S43900.

953 P.2d 383 (1998)

326 Or. 485

STATE of Oregon, Petitioner on Review, v. David Wendell FAIR, Jr., Respondent on Review.

Supreme Court of Oregon.

Decided March 5, 1998.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the briefs were Theodore R. Kulongoski, former Attorney General, Hardy Myers, Attorney General, Virginia L. Linder, former Solicitor General, and Eleanor E. Wallace, Assistant Attorney General.

Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause for respondent on review. With him on the brief was Sally L. Avera, Public Defender.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, GRABER and DURHAM, JJ.

GRABER, Justice.

The issue before us is whether the trial court erred in denying defendant's first demurrer to the indictment that charged him with violating the Oregon Racketeer Influenced and Corrupt Organization Act (ORICO), ORS 166.715 et seq. We hold that the trial court did not err and, accordingly, reverse the contrary decision of the Court of Appeals. State v. Fair, 145 Or.App. 96, 929 P.2d...

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