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STATE v. SMITH

A166335 (Control), A166336, A166337.

481 P.3d 363 (2021)

308 Or. App. 639

STATE of Oregon, Plaintiff-Respondent, v. Michael Benjamin SMITH, aka Michael Benjamen Smith, Defendant-Appellant.

Court of Appeals of Oregon.

January 21, 2021.

Attorney(s) appearing for the Case

Meredith Allen, Deputy Public Defender, argued the cause for appellant. Also on the reply and supplemental brief was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services. On the opening brief were Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Erica Herb, Deputy Public Defender, Office of Public Defense Services. Michael Benjamin Smith filed the supplemental brief pro se.

Philip Thoennes, Assistant Attorney General, argued the cause for respondent. Also on the briefs were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before DeHoog, Presiding Judge, and Egan, Chief Judge, and Aoyagi, Judge.

Defendant was charged with multiple offenses in three separate cases arising from three separate incidents. Under ORS 132.560, the trial court consolidated the charging instruments, joined the charges for trial, and declined to sever them, reasoning that the offenses were connected together or constituted parts of a common scheme or plan...

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