State v. Gortmaker

Defendant appeals his conviction for two counts of theft in the first degree and one count of official misconduct.

The sole question upon which we allow review is whether the special grand jury which indicted the defendant was constitutionally selected under Article VII (Amended), Section 5, of the Oregon Constitution. The Court of Appeals held that the grand jury selection procedure violated the Oregon Constitution but the defendant’s subsequent “reliable conviction” by a properly selected trial jury negated the constitutional violations and allowed the conviction to stand. We affirm the…