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STATE v. O'DONNELL

9808-36958; A113249.

85 P.3d 323 (2004)

192 Or. App. 234

STATE of Oregon, Appellant, v. John Angelo O'DONNELL, Respondent.

Court of Appeals of Oregon.

Decided February 25, 2004.

Attorney(s) appearing for the Case

Rolf C. Moan, Assistant Attorney General, argued the cause for appellant. With him on the opening brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General. With him on appellant's response to cross-assignment of error were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Rankin Johnson IV, Deputy Public Defender, argued the cause for respondent. With him on the brief was Peter A. Ozanne, Executive Director, Office of Public Defense Services.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

HASELTON, P.J.

The state appeals from an order dismissing with prejudice, and thus barring retrial of, three counts of a criminal indictment against defendant on which the jury failed to reach a verdict following a full trial. The court determined that (1) retrial as to all three counts was barred by the statutory double jeopardy provisions of ORS 131.515 because the court, in discharging the jury, failed to make a finding that "[t]he jury [was] unable to agree upon...

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