State v. Rowland, 245 OrApp 240 (2011)

Holding:   If Defendant is jailed for parole violation, the 15-year clock is reset for purposes of using that conviction for impeachment purposes.

1)   “In construing a statute, we examine the text of the statute in context, along with any relevant legislative history, to discern the legislature’s intent.” citing, State v. Gaines. at p. 244.

2)   Use of article the doesn’t necessarily refer to a single occurrence. Sometimes, the is used as a “function word” to limit application of a noun to that of “a succeeding element in the sentence * * *.” at p. 245.

3)  The controlling statute prohibits, for impeachment purposes, introduction of prior convictions more than 15 years after “the release of the witnesses from the confinement imposed for that conviction * * *. “‘For’ in this context most likely means ‘because of’ or ‘on account of. (emphasis mine).’” cite omitted. at pp. 244-45.

4)   Where the text, context and legislative history don’t answer or address the question at bar, the Court must resort to relevant maxims of construction. at p. 247.

5)   “The relevant maxim here is that ‘we are to construe the language of the statute in a manner that is consistent with its purpose * * *.” cite omitted. at p. 247.

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