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State v. Roelle

Court of Appeals of Oregon

March 26, 2014

STATE OF OREGON, Plaintiff-Respondent,
v.
BRIAN DAVID ROELLE, Defendant-Appellant

Submitted: May 29, 2013.

Washington County Circuit Court. C102376CR. Kirsten E. Thompson, Judge.

Peter Gartlan, Chief Defender, and Louis R. Miles, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Brian Roelle filed the supplemental brief, Pro se.

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Christina M. Hutchins, Senior Assistant Attorney General, filed the brief for respondent.

Before Wollheim, Presiding Judge, and Duncan, Judge, and Rasmussen, Judge pro tempore.

OPINION

Page 568

[261 Or.App. 706] DUNCAN, J.

In a single indictment, the state charged defendant with two drug crimes and 16 person crimes. Defendant filed a motion to sever the drug-crime charges from the person-crime charges for separate trials. See ORS 132.560(3) (set out at Or.App. at (slip op at 2)). The trial court denied the motion. A jury convicted defendant of the two drug crimes and three of the person crimes. Defendant appeals, assigning error to the trial court's denial of his motion to sever.[1] We affirm.

The relevant facts are few, and we state them in accordance with the trial court's findings, which are supported by the record. State v. Dimmick, 248 Or.App. 167, 169, 273 P.3d 212 (2012). Around 9:15 a.m. on July 16, 2010, defendant's domestic partner, Brown, told a police officer that defendant had abused her earlier that morning. Around 6:00 p.m., an officer arrested defendant. At 6:30 p.m., Brown accompanied officers to the house that she and defendant shared, and gave the officers permission to enter and search the house. During the search, the officers seized a large amount of marijuana from the residence.

Thereafter, in a single indictment, the state charged defendant with the two drug crimes, based on the marijuana found in the house on July 16, 2010, and the 16 person crimes, based on Brown's statements that defendant had abused her early in the morning on July 16, 2010, and on two prior dates-- viz., July 4, 2010, and an unspecified date in December 2008.[2] As mentioned, defendant moved to sever [261 Or.App. 707] the drug-crime charges from the person-crime charges. The trial court denied the motion, and defendant appeals that denial.

Joinder and severance of criminal charges are governed by ORS 132.560, which provides, in pertinent part:

" (1) A charging instrument must charge but one offense, and in one form ...

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