FILED: August 14, 2008

IN THE SUPREME COURT OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Adverse Party,

v.

OSCAR F. PENA,

Defendant-Relator,

and

PRESIDING JUDGE JEAN KERR MAURER,

Intervenor.

(CC 071035138; SC S055655)

En Banc

Original proceeding in mandamus.*

Argued and submitted June 3, 2008.

Paul L. Smith, Assistant Attorney General, Salem, argued the cause and filed the brief for plaintiff-adverse party.

Laura Graser, Portland, argued the cause and filed the briefs for defendant-relator.

Roy Pulvers, of Hinshaw & Culbertson LLP, Portland, filed the brief for intervenor Presiding Judge Jean Kerr Maurer.

GILLETTE, J.

Alternative writ of mandamus is dismissed.

*On petition for a writ of mandamus from an order of the Multnomah County Circuit Court, Jean Kerr Maurer, Presiding Judge.

GILLETTE, J.

This is an original mandamus proceeding in which the defendant in an aggravated murder case seeks to compel the presiding judge of the Multnomah County Circuit Court to disqualify the judge assigned to hear his case in the underlying criminal action.