State v. Stout

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 09-21-2016
  • Case #: A157453
  • Judge(s)/Court Below: Shorr, J. for the Court; Armstrong, P.J.; & Egan, J.
  • Full Text Opinion

Under the Oregon Racketeer Influenced and Corrupt Organization Act (ORICO)(ORS 166.715), pleadings for inchoate crimes must meet the specificity requirements for completed crimes set out in ORS 166.720(6).

Defendant appealed conviction under the Oregon Racketeer Influenced and Corrupt Organization Act (ORICO)(ORS 166.715), arguing that the State’s indictment did not meet the pleading requirements set out in ORS 166.720(6). Defendant argued that the requirement in ORS 166.720(6)(a), that the indictment must specifically plead “the acts constituting each incident of racketeering activity” applies to both complete crimes and inchoate crimes under ORICO. The State argued that the pleading requirements only apply to complete crimes, and not inchoate crimes. The Court interpreted the plain language of the pleading requirements in ORS 166.720(6) as applicable to both complete and inchoate crimes. Reversed and remanded.

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