State v. Thomas

Because I would conclude that theft III may be tried as a violation pursuant to ORS 161.565(2), I dissent.

*37The majority relies principally on two factors in the analysis in Brown v. Multnomah County Dist. Ct., 280 Or 95, 570 P2d 52 (1977), in reaching the conclusion that theft III may not be tried as a violation. The majority states that “[w]e are particularly persuaded by the factors pertaining to the type of offense and its social significance in the community.” 99 Or App at 36. However, I do not think that either factor is persuasive. As the Brown court recognized, the factor concerning the…