State v. Johnson

I agree with the majority that the issue here is whether each count alleges an “aggregate transaction” within the meaning of ORS 164.055(1)(a), and that the test is whether the acts alleged in each count are so closely linked in time, place and circumstance that a complete account of one charge cannot be related without relating details of the other charge. See State v. Barnes, 14 Or App 23, 511 P2d 1235 (1973). I also agree that the trial court should have allowed the demurrer as to the information charging theft from Fred Meyer (case no. C86-03-31287) and as to Count I of the information…