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STATE v. FULLER

(CC 100748130; CA A147724; SC S60808).

311 P.3d 861 (2013)

354 Or. 295

STATE of Oregon, Petitioner on Review, v. Tawanna D. FULLER, aka Tawana Divier Fuller, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided October 3, 2013.

Attorney(s) appearing for the Case

Jeremy C. Rice, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.

Karen J. Mockrin, Portland, argued the cause and filed the brief for respondent on review.

Cody Hoesly, Larkins Vacura LLP, Portland, Cooperating Attorney for ACLU Foundation of Oregon, Inc. and Kevin Diaz, Legal Director, ACLU Foundation of Oregon, Inc., filed a brief in support of the respondent on review.

BREWER, J.

Like the defendant in State v. Benoit, 354 Or. 302, 311 P.3d 874, 2013 WL 5497271 (2013), also decided today, defendant in this case was arrested and incarcerated on misdemeanor charges that the state later reduced to violations under ORS 161.566(1).1 The issue is whether the prosecutor's election to treat the offenses as violations precluded defendant...

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