STATE v. EHRLE, 74 Or. App. 358 (1985)

701 P.2d 1056

STATE OF OREGON, Appellant, v. WILLIAM THOMAS EHRLE, Respondent.

84-601-C, 84-658-C; CA A32673Oregon Court of Appeals.Argued and submitted December 20, 1984
Affirmed July 10, 1985

Appeal from Circuit Court, Josephine County.

L. A. Cushing, Judge.

Brenda J. Peterson, Assistant Attorney General, Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.

David E. Groom, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before Gillette, Presiding Judge, and Van Hoomissen and Young, Judges.

PER CURIAM

Affirmed.

Van Hoomissen, J., dissenting.

Page 359

PER CURIAM

The state appeals a trial court order that sustained defendant’s demurrer to two indictments for multiple counts of robbery in the first degree, ORS 164.415, on the ground that the indictments show on their face that the Statute of Limitations, ORS 131.125(2)(a), had run. The trial court was correct. See State v. Livingston, 73 Or. App. 551, 699 P.2d 1131
(1985).

Affirmed.

VAN HOOMISSEN, J., dissenting.

I respectfully dissent for the reasons stated in my dissenting opinion in State v. Livingston, 73 Or. App. 551, 555, 699 P.2d 1131 (1985). See ORS 131.125(2)(a); ORS 131.145(2)(a); ORS 131.135.

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