State v. Sheppard, No. 17-770
| Court | Court of Appeals of Oregon |
| Writing for the Court | Before SCHWAB; LEE |
| Citation | 35 Or.App. 69,581 P.2d 549 |
| Decision Date | 05 July 1978 |
| Docket Number | No. 17-770 |
| Parties | STATE of Oregon, Respondent, v. Martinez Leroy SHEPPARD, Appellant. ; CA 9221. |
Page 549
v.
Martinez Leroy SHEPPARD, Appellant.
Decided July 5, 1978.
Page 550
Steven L. Verhulst, Hillsboro, argued the cause for appellant. With him on the brief was Garland, Karpstein & Boyer, Hillsboro.
[35 Or.App. 70] Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.
Before SCHWAB, C. J., and LEE, RICHARDSON, and JOSEPH, JJ.
[35 Or.App. 71] LEE, Judge.
Defendant appeals his conviction subsequent to the trial court's denial of his motion to dismiss for lack of subject matter jurisdiction over an information charging arson under ORS 164.325. 1 Defendant contends that under the provisions of Amended Art. VII, § 5(5), Oregon Constitution, the prosecutor must proceed to trial on the same charge on which defendant was bound over to the circuit court by the magistrate. We do not reach this issue, however, because of our determination that defendant's failure to raise a timely objection constituted a waiver.
On July 19, 1977, defendant, who was then, and at all times thereafter represented by counsel, was charged in the district court by a district attorney's information with the crime of arson in the first degree by an allegation that defendant did, on or about July 17, 1977,
" * * * unlawfully and intentionally damage protected property, to-wit: the Washington County Jail, situated at Washington County, Department of Public Safety, the property of Washington County, by starting a fire * * *."
The information showed that defendant was charged under ORS 164.325. No reference was made to any subsection of ORS 164.325 but the language of the information comports with that of ORS 164.325(1)(A ). A preliminary hearing was held; a finding of probable cause was made; and on July 29, 1977, the defendant was bound over to the circuit court.
[35 Or.App. 72] By a second district attorney's information filed directly in circuit court on August 1, 1977, defendant was charged with arson in the first degree under ORS 164.325 which alleged that defendant did, on or about July 17, 1977
" * * * intentionally damage certain property, to-wit: a pair of shoes, by
Page 551
starting a fire, whereby the said defendant did recklessly place another person, to-wit: Aaron Ashbaugh and Richard W. Hill, Jr., in danger of physical injury and did recklessly place protected property of another, to-wit:...To continue reading
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State v. Keys, CC 16CR24492 (SC S067691)
...Appeals not only can but must correct. The state responded that, under the Court of Appeals decision in State v. Sheppard , 35 Or. App 69, 581 P.2d 549 (1978), rev. den. , 285 Or. 1 (1979), defendant had waived his right to a preliminary hearing by proceeding to trial while being represente......
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State v. Keys, A163519
...an information without waiver of indictment would be void." 197 Or. at 301, 251 P.2d 87. Instead, the state relies on State v. Sheppard , 35 Or. App. 69, 72-73, 581 P.2d 549 (1978), rev. den. , 285 Or. 1 (1979), in which we (1) rejected an argument that a circuit court lacked jurisdiction i......
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State v. Granberg, A164940 (Control), A164941
...confirm that defendant understood what he was relinquishing." (Emphasis omitted.)In response, the state argues that State v. Sheppard , 35 Or. App. 69, 581 P.2d 549 (1978), rev. den. , 285 Or. 1 (1979), 306 Or.App. 89 rejected the argument that the failure to comply with Article VII (Amende......
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State v. Keys, No. 23
...Appeals not only can but must correct. The state responded that, under the Court of Appeals decision in State v. Sheppard, 35 Or App 69, 581 P2d 549 (1978), rev den, 285 Or 1 (1979), defendant had waived his right to a preliminary hearing by proceeding to trial while being represented by co......
-
State v. Keys, CC 16CR24492 (SC S067691)
...Appeals not only can but must correct. The state responded that, under the Court of Appeals decision in State v. Sheppard , 35 Or. App 69, 581 P.2d 549 (1978), rev. den. , 285 Or. 1 (1979), defendant had waived his right to a preliminary hearing by proceeding to trial while being represente......
-
State v. Keys, A163519
...an information without waiver of indictment would be void." 197 Or. at 301, 251 P.2d 87. Instead, the state relies on State v. Sheppard , 35 Or. App. 69, 72-73, 581 P.2d 549 (1978), rev. den. , 285 Or. 1 (1979), in which we (1) rejected an argument that a circuit court lacked jurisdiction i......
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State v. Granberg, A164940 (Control), A164941
...confirm that defendant understood what he was relinquishing." (Emphasis omitted.)In response, the state argues that State v. Sheppard , 35 Or. App. 69, 581 P.2d 549 (1978), rev. den. , 285 Or. 1 (1979), 306 Or.App. 89 rejected the argument that the failure to comply with Article VII (Amende......
-
State v. Keys, No. 23
...Appeals not only can but must correct. The state responded that, under the Court of Appeals decision in State v. Sheppard, 35 Or App 69, 581 P2d 549 (1978), rev den, 285 Or 1 (1979), defendant had waived his right to a preliminary hearing by proceeding to trial while being represented by co......