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STATE v. BENOIT

(CC 111051946; SC S060858).

311 P.3d 874 (2013)

354 Or. 302

STATE of Oregon, Plaintiff-Relator, v. Laurie Ann BENOIT, Defendant-Adverse Party.

Supreme Court of Oregon, En Banc.

Decided October 3, 2013.

Attorney(s) appearing for the Case

Jeremy Rice, Assistant Attorney General, Salem, argued the cause for relator State of Oregon. With him on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.

Cody Hoesly, Larkins Vacura LLP, Portland, Cooperating Attorney for amicus curiae ACLU Foundation of Oregon, Inc., argued the cause for adverse party. With him on the amicus brief was Kevin Diaz, Legal Director, ACLU Foundation of Oregon, Inc.

Bronson James, Portland, filed a brief on behalf of amicus curiae, Oregon Criminal Defense Lawyers Association.

BREWER, J.

The right to a jury trial under Article I, section 11, of the Oregon Constitution, extends to "all criminal prosecutions."1 The issue in this mandamus proceeding is whether the state's election under ORS 161.566(1)2 to "treat" the misdemeanor offense of criminal trespass as a violation effectively decriminalized that offense and thereby deprived defendant of the jury trial right afforded her under...

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