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STATE v. MONTWHEELER

120367CR, 120368CR; A152716 (Control), A152715.

371 P.3d 1232 (2016)

277 Or.App. 426

STATE of Oregon, Plaintiff-Respondent, v. Anthony MONTWHEELER, Defendant-Appellant. State of Oregon, Plaintiff-Respondent, v. Annita Montwheeler, aka Annita Harmon, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 13, 2016.

Attorney(s) appearing for the Case

Neil F. Byl, Deputy Public Defender, argued the cause for appellants. With him on the briefs was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Susan Reid, Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Susan G. Howe, Assistant Attorney General.

Before SERCOMBE, Presiding Judge, and HADLOCK, Chief Judge, and TOOKEY, Judge.

Defendants Anthony and Annita Montwheeler, owners of a scrap metal recycling business, were jointly indicted, tried, and convicted of aggravated theft in the first degree, ORS 164.057. Defendants agreed to pay money to Robert and Violet Heiple (the Heiples) for scrap metal hauled from their property at various rates of value. At trial...

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