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STATE v. STEPHENSON

A169724.

476 P.3d 527 (2020)

307 Or. App. 189

STATE of Oregon, Plaintiff-Respondent, v. Daniel James STEPHENSON, Defendant-Appellant.

Court of Appeals of Oregon.

October 7, 2020.

Attorney(s) appearing for the Case

Kenneth A. Kreuscher filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jennifer S. Lloyd, Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.

Defendant appeals from a judgment of conviction for second-degree criminal mischief. On appeal, he argues that the trial court erred in denying his motion to dismiss on double jeopardy grounds after his first trial ended in a mistrial. The state concedes the error. We agree, accept the state's concession, and reverse the judgment of conviction...

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