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Oregon Department of Justice - Galle Plea Agreement

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 4                       IN THE CIRCUIT COURT OF THE STATE OF OREGON
 5                                FOR THE COUNTY OF MULTNOMAH
 6   STATE OF OREGON,                                     Case No.
 7                   Plaintiff,                           GUILTY PLEA AGREEMENT
 8           v.
 9   PATRICIA JEAN GALLE,
10                   Defendant.
11           It is hereby agreed between the State of Oregon, by and through Eugene F. Ebersole,

12   Senior Assistant Attorney General for the State of Oregon, and the defendant, Patricia Jean Galle

13   through her counsel Samuel C. Kauffman, as follows:

14           1. Defendant Patricia Jean Galle agrees to waive indictment by grand jury and proceed

15   on the information, submitted herewith. In addition, defendant moves this court for the

16   convenience of the parties, pursuant to ORS 131.363, that venue for this matter be Multnomah

17   County. The State of Oregon stipulates to and agrees to said venue. Further, defendant

18   specifically:

19           a. Waives all objections of improper place of trial pursuant to ORS 131.305(2); and

20           b. Waives the right to be tried in the county in which the offense has been committed

21   granted by the Oregon Constitution Article 1, Section 11.

22           2. Defendant agrees to plead guilty to an Information charging a single violation of

23   making a false statement under the election laws, a violation of ORS 260.715(1). ORS

24   260.993(2) provides that this offense is a Class C felony. Defendant understands that upon

25   conviction for this Class C felony, the maximum possible punishment is five (5) years in the

26   penitentiary, a fine of $100,000, or both. Defendant agrees to waive the 48 hour waiting period


Page 1 -   PATRICA JEAN GALLE - GUILTY PLEA AGREEMENT
                                               Department of Justice
           efe/1983652
                                           610 Hawthorne Ave. SE, Suite
                                                     210210
                                                Salem, OR 97301
                                                 (503) 378-6347
 1   permitted by ORS 137.020(2) and agrees to be sentenced immediately following the entry of

 2   plea.

 3             3. The State agrees not to prosecute defendant for any uncharged election law crimes

 4   known to the State arising out of her actions related to filing her candidacy statements for Mayor

 5   of West Linn or for making a false representation of possession of academic degree, ORS

 6   348.609, a Class B Misdemeanor.

 7             4. The parties agree that the grid block classification within the Felony Sentencing

 8   Guidelines is 6-I (180/90) and the presumptive period of probation is three years. The defendant

 9   agrees to be subject to all general conditions of probation set forth in ORS 137.540.

10             5. The State will not recommend incarceration as a condition of probation.

11             6. The defendant agrees to pay a compensatory fine in the amount of $5,000.00 for costs

12   of this investigation. The State will not recommend the imposition of any other fines or costs,

13   other than the statutory assessment required by ORS 137.290.

14             7. The State of Oregon recommends, and the defendant agrees to perform, 120 hours of

15   community service work as a special condition of probation. Probation will be supervised and

16   defendant will pay the monthly probation supervisory fee while on formal, supervised probation.

17   When the defendant fully completes all of the special conditions of probation and pays all fines

18   as imposed by the Court, the State agrees that it will not object to a modification to unsupervised

19   probation. For purposes of any community service imposed by the Court, defendant hereby

20   consents "to donate labor for the welfare of the public" as required by ORS 137.128.

21             8. The State of Oregon reserves the right to make a full and complete disclosure of all

22   the facts in this case to the Court.

23             9. The defendant agrees to present to the sentencing judge a completed Multnomah

24   County Plea Petition, including the certificate of her lawyer.

25             10. If the defendant successfully completes all special conditions of her probation, the

26   state will not oppose misdemeanor treatment of this offense as provided in ORS 161.705 and


Page 2 -   PATRICA JEAN GALLE - GUILTY PLEA AGREEMENT
                                                  Department of Justice
             efe/1983652
                                              610 Hawthorne Ave. SE, Suite
                                                        210210
                                                   Salem, OR 97301
                                                    (503) 378-6347
 1   early termination of probation as provided in ORS 137.545(b) and OAR 213-005-0010.

 2           11. Defendant fully understands and agrees that there have been no other promises,

 3   representations or agreements between the parties, express or implied, other than those set forth

 4   in this agreement. Defendant agrees that no threats have been made nor duress applied to induce

 5   defendant to sign this agreement to plead guilty and defendant enters this agreement upon the

 6   advice of counsel and freely, voluntarily and of her own accord and with full understanding of all

 7   the terms and conditions set forth herein.

 8           Dated this _________day of May, 2010.

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11                                                             _____________________________
                                                               Patricia Jean Galle
12                                                             Defendant
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     _______________________________                           _______________________________
15   Eugene F. Ebersole, OSB #814755                           Samuel C. Kauffman, OSB #943527
     Assistant Attorney General                                Attorney for Defendant
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Page 3 -   PATRICA JEAN GALLE - GUILTY PLEA AGREEMENT
                                                Department of Justice
           efe/1983652
                                            610 Hawthorne Ave. SE, Suite
                                                      210210
                                                 Salem, OR 97301
                                                  (503) 378-6347

				
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