State v. McIntosh

Defendant was convicted of disorderly conduct and assault in the fourth degree. ORS 166.025; ORS 163.160. He argues that the trial erred in finding that the prosecutor’s peremptory challenge of a prospective juror, who is a member of a racial minority, did not violate the Equal Protection Clause of the Fourteenth Amendment. He also argues that the trial court erred in sentencing him.

This is a companion case to State v. Millage, 125 Or App 92, 864 P2d 868 (1993). Defendants’ cases were consolidated for trial, but not on appeal. In Millage, we held that the prosecutor’s peremptory challenge of…