State v. Herring

Defendant, who was jointly indicted with ten other individuals for violation of the Oregon Racketeer Influenced and Corrupt Organizations Act (ORICO), appeals his convictions of racketeering and unauthorized use of a motor vehicle. Before trial, defendant demurred to the indictment on numerous grounds. Both the state and defendant agree that the only issue on appeal concerns the ORICO conviction. That issue is whether a remand is necessary under State v. Lyons, 161 Or App 355, 985 P2d 204 (1999), to determine if two of the predicate acts are barred by the statutory double jeopardy…