- Court: Oregon Court of Appeals
- Area(s) of Law: Civil Procedure
- Date Filed: 03-30-2016
- Case #: A152933
- Judge(s)/Court Below: Armstrong, P.J., for the Court; Egan, J.; & Shorr, J.
- Full Text Opinion
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.