State v. Coleman

Defendant was convicted of 15 counts of aggravated theft in the first degree. ORS 164.057. The question on appeal is whether the indictment and prosecution of this case violated the constitutional requirement of separation of powers because the case was conducted by two assistant attorneys general who were appointed by the Marion County District Attorney to serve as deputy district attorneys.1 We affirm.

Defendant was a manager and part owner of the Garden Valley Centre, a shopping mall developed by Umpqua Properties, Ltd., in Roseburg. Pacific First Bank made a $3.7 million construction loan…