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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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