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STATE v. HINKLE

MI000139; A133779.

201 P.3d 250 (2009)

225 Or. App. 347

STATE of Oregon, Plaintiff-Respondent, v. Kevin Ray HINKLE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 21, 2009.

Attorney(s) appearing for the Case

Neil F. Byl, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Janet A. Klapstein, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Timothy A. Sylwester, Attorney-in-Charge, Capital Cases.

Before WOLLHEIM, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

WOLLHEIM, P.J.

Defendant appeals a conviction for second-degree theft. ORS 164.045. He assigns as error the trial court's denial of his motion to dismiss on the ground that the prosecution against him was not commenced within the applicable statutory period of limitations. For the reasons discussed below, we affirm defendant's conviction.

On January 2, 2000, defendant stole more than $50 in cash from the Sno Cap Drive-In restaurant in Redmond. He was apprehended...

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