State v. Mulvihill

In these two consolidated appeals, defendant challenges his jury conviction for Arson in the Second Degree, ORS 164.3151 and the subsequent revocation of his probation on an earlier charge. We affirm.

Defendant first assigns as error the trial court’s refusal to allow defendant’s counsel to later exercise a peremptory challenge after failing to exercise the challenge in a timely manner. Permitting a defendant to exercise a peremptory challenge in an untimely manner is permitted but not required by ORS 136.240.2 The question is directed to the trial court’s discretion. We find no abuse of that…