Calahan v. State

Full title: KEVIN JAMES CALAHAN, Respondent on Review, v. STATE OF OREGON, Petitioner…

Court: Oregon Supreme Court

Date published: Mar 27, 1997

933 P.2d 345 (Or. 1997)

933 P.2d 345

Opinion

CC 95-0470; CA A89890; SC S43934

Submitted on petition for review filed January 15, 1997

Petition for review allowed; Decision of the Court of Appeals vacated, Case remanded to the Court of Appeals for reconsideration March 27, 1997 See 148 Or. App. 634, 939 P.2d 677 (1997)

On review from the Court of Appeals.^_

_ Appeal from Clackamas County Circuit Court, Raymond R. Bagley, Jr., Judge. 144 Or. App. 18, 925 P.2d 133 (1996).

Janet A. Metcalf, Assistant Attorney General, Salem, filed the petition for petitioner on review. With her on the petition were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

No appearance contra.

Before Carson, Chief Justice, and Gillette, Van Hoomissen, Fadeley, Graber, and Durham, Justices.^__

__ Kulongoski, J., did not participate in the consideration or decision of this case.

MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals is vacated, and the case is remanded to the Court of Appeals for reconsideration in the light of State v. Webb, 324 Or. 380, 927 P.2d 79 (1996).