State v. Fair

Defendant was one of 12 members of street gangs indicted, inter alia, for offenses under the Oregon Racketeer Influenced and Corrupt Organization Act (ORICO). ORS 166.715 et seq. All defendants filed 16 demurrers to the indictment. The trial court denied the demurrers and, following a stipulated facts trial of defendant, he was convicted of one count of racketeering. Under his first assignment of error, defendant makes seven arguments that the trial court erred in denying his demurrer to the charge of racketeering. Because we agree with defendant that, on one ground, the court erred in…