State v. Savastano

The state petitions for reconsideration of our opinion in State v. Savastano, 243 Or App 584, 260 P3d 529 (2011), urging us to clarify our disposition. We grant the state’s petition, clarify the disposition (on the assumption, which we do not necessarily adopt, that clarification is necessary), and adhere to our former ruling.

In Savastano,

“[defendant was accused of embezzling hundreds of thousands of dollars from her employer in numerous individual theft transactions over a 16-month period in 2005 and 2006. The district attorney charged her with 10 counts of first-degree aggravated theft, ORS…