State v. Thomas

Defendant’s conviction for theft in the third degree, a violation, was reversed by this court, because her rights to a jury and proof beyond a reasonable doubt were denied. We remanded for a new trial. State v. Thomas, 99 Or App 32, 780 P2d 1197 (1989). In her motion for reconsideration, defendant argues that a new trial is prohibited by the former jeopardy provisions of ORS 131.515, Article I, section 12, of the Oregon Constitution and the Fifth Amendment of the United States Constitution. We allow defendant’s motion but adhere to our previous decision.1

Defendant is correct that under ORS…