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STATE v. KADDERLY

970746181; A101010

31 P.3d 1108 (2001)

176 Or. App. 396

STATE of Oregon, Respondent, v. Colleen Lois KADDERLY, Appellant.

Court of Appeals of Oregon.

Decided September 5, 2001.

Attorney(s) appearing for the Case

Andrew S. Chilton, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Douglas F. Zier, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LINDER, J.

Defendant appeals her conviction of one count of prostitution, ORS 167.007, challenging the trial court's denial of her motion to dismiss on vindictive and selective prosecution grounds. The sole issue presented is whether a prosecutor's decision not to bring charges against persons who testify truthfully against other offenders, while charging those who invoke their Fifth Amendment privilege and decline to so cooperate, amounts to vindictive or selective...

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