State v. Savastano, C081586CR; A141053.
Decision Date | 09 November 2011 |
Docket Number | C081586CR; A141053. |
Parties | STATE of Oregon, Plaintiff–Respondent, v. Tiffany Lee SAVASTANO, Defendant–Appellant. |
Court | Oregon Court of Appeals |
OPINION TEXT STARTS HERE
Appellant's Response to Petition
for Reconsideration Aug. 15, 2011.
On Respondent's Petition for Reconsideration Aug. 10, 2011.
Washington County Circuit Court.Thomas W. Kohl, Judge.John R. Kroger, Attorney General, Mary H. Williams, Solicitor General, and Jennifer S. Lloyd, Attorney–in–Charge, Criminal Appeals, for petition.
Peter Gartlan, Chief Defender, and Ernest G. Lannett, Chief Deputy Defender, Office of Public Defense Services, for response.
Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.
The state petitions for reconsideration of our opinion in State v. Savastano, 243 Or.App. 584, 260 P.3d 529 (2011), urging us to clarify our disposition. We grant the state's petition, clarify the disposition (on the assumption, which we do not necessarily adopt, that clarification is necessary), and adhere to our former ruling.
“ ‘The value of single theft transactions may be added together if the thefts were committed:
“ * * * * *
“(b) Against the same victim, or two or more persons who are joint owners, within a 180–day period.' ”
Savastano, 243 Or.App. at 586–87, 260 P.3d 529. We concluded that the decision of whether to aggregate, and how, should have been made in accord with a systematic policy and that defendant had demonstrated that no such policy existed. Id. at 588–90, 260 P.3d 529. We therefore concluded, “[T]he court should have granted defendant's motion to dismiss. Defendant moved in the alternative to compel the prosecution to aggregate the various theft transactions into six-month counts....
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State v. Savastano
...intended to dictate any particular remedy, and instead had intended to remand the case for further proceedings. State v. Savastano, 246 Or.App. 566, 568, 266 P.3d 176 (2011).2 A person commits first-degree aggravated theft if "[t]he value of the property in a single or aggregate transaction......
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State v. Savastano, S. A141053
...Or. 678278 P.3d 18Statev.Tiffany Lee SavastanoNOS. A141053, S059973Supreme Court of OregonApril 05, 2012 OPINION TEXT STARTS HERE 246 Or.App. 566, 266 P.3d 176 ...