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State v. Warren

Court of Appeals of Oregon

August 2, 2017

STATE OF OREGON, Plaintiff-Respondent,
v.
CHRISTOPHER RAMOAN WARREN, Defendant-Appellant.

          Submitted April 19, 2016

         Washington County Circuit Court C130904CR; A156423 Thomas W. Kohl, Judge.

          Rankin Johnson IV fled the briefs for appellant.

          Ellen F. Rosenblum, Attorney General, Paul L. Smith, Deputy Solicitor General, and Cecil A. Reniche-Smith, Assistant Attorney General, fled the answering brief for respondent. On the supplemental brief were Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General.

          Before Tookey, Presiding Judge, and DeHoog, Judge, and Sercombe, Senior Judge.

         Case Summary:

         Defendant appeals from a judgment of conviction for two counts of unlawfully obtaining public assistance, ORS 411.630(1), one count of unlawfully obtaining supplemental nutrition assistance (food stamps), ORS 411.840(1), one count of first-degree theft, ORS 164.055(1)(a), and one count of unsworn falsification, ORS 162.085(1). Defendant argues that the trial court erred when it disallowed his demurrer to the indictment. Held: The court's disallowance of the demurrer was harmless.

         Affirmed.

          [287 Or.App. 160]

          TOOKEY, P. J.

         Defendant appeals from a judgment of conviction for two counts of unlawfully obtaining public assistance, ORS 411.630(1), one count of unlawfully obtaining supplemental nutrition assistance (food stamps), ORS 411.840(1), one count of first-degree theft, ORS 164.055(1)(a), and one count of unsworn falsification, ORS 162.085(1). Defendant raises two assignments of error, the first of which we reject without discussion. We write only to address defendant's second assignment of error, in which he argues that the trial court erred when it disallowed his demurrer to the indictment. We conclude that the court's disallowance of the demurrer was harmless. Accordingly, we affirm.

         The facts of this case are not in dispute. Defendant worked as a police officer for the City of Beaverton. In January 2011, defendant was fired from the Beaverton Police Department and then he was rehired in October 2011. While defendant was unemployed, he received public assistance and food stamps from the State of Oregon.[1] An investigation by the Department of Human Services (DHS) led DHS to believe that defendant had received $3, 351.11 in public benefits to which he was not entitled. The investigation revealed that defendant had lied on forms to obtain those public benefits and that defendant had also failed to report income. Defendant was indicted for various crimes related to his receipt of public benefits. The indictment alleged as follows:

"Count 1
"The defendant, on or between January 27, 2011 and December 31, 2011, in Washington County, Oregon, did unlawfully and knowingly obtain public assistance for the benefit of himself and others to which the said defendant was not entitled under Oregon Law by ...

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