State v. Harris

Defendant, who was jointly indicted with ten other individuals for violation of the Oregon Racketeer Influenced and Corrupt Organizations Act (ORICO), appeals his conviction of racketeering. Before trial, defendant demurred to the indictment on numerous grounds. Both the state and defendant agree that the only issue on appeal is whether a remand is necessary under State v. Lyons, 161 Or App 355, 985 P2d 204 (1999), to determine if use of five of the predicate acts alleged in the indictment are barred by the statutory double jeopardy prohibition, id. at 364-65 (former jeopardy statute can bar…