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STATE v. SMITH

09CR0617; A144109.

265 P.3d 79 (2011)

246 Or. App. 204

STATE of Oregon, Plaintiff-Respondent, v. Scott Allen SMITH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 26, 2011.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Ernest G. Lannet , Chief Deputy Defender, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Erin C. Lagesen , Assistant Attorney General, filed the brief for respondent.

Before BREWER, Chief Judge, and EDMONDS, Senior Judge.

BREWER, C.J.

Defendant, who was convicted of first-degree theft, ORS 164.055, argues that the trial court erred in denying his motion to dismiss on the ground that the prosecutor's decision whether to aggregate theft offenses into a single charge alleging theft of more than $1,000 violated Article I, section 20, of the Oregon Constitution.1 As explained below, we conclude that the trial court correctly denied the motion to dismiss, and...

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