State v. Poston

“ORS 132.560 requires that a charging instrument that charges multiple crimes to allege the basis for joinder or facts that would permit the court to determine the basis for joinder.” This means that, to withstand demurrer, a charging instrument on its face should allege that the acts which resulted in separate charges occurred by the same person, “are of the same or similar character, are based on the the same act or transaction, or that two or more acts or transactions connect together or constitute parts of a common scheme or plan.”

Defendant appealed his conviction for twenty-six counts of identity theft, among other things, contending that the trial court erred when it denied his demurrer to the indictment. Defendant argued that the State failed to allege its basis for joinder in the indictment, stating that the State either needed to include language of the joinder statute or by including the alleged facts sufficient to support joinder. This Court agreed, specifying that under ORS 132.560, the State needed to put information supporting joinder of charges in the charging instrument. Furthermore, this Court stated that the judgment for identity theft was not a harmless error and reversed the convictions on those counts. Convictions for identity theft reversed; remanded for resentencing; otherwise affirmed.