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STATE v. BURNS/KENNEY

Oregon Court of Appeals
Sep 11, 1991
816 P.2d 1219 (Or. Ct. App. 1991)

Opinion

88-07-1542-C3; CA A62161 (Control) 88-07-1542-C2; CA A62298 (Cases Consolidated)

Petition for reconsideration filed June 26, 1991

Remanded for further proceedings September 11, 1991

Appeal from Circuit Court, Harney County.

Frank J. Yraguen, Judge.

Gail L. Meyer and Ransom, Blackman Weil, Portland, for petition.

Before Buttler, Presiding Judge, and Rossman and De Muniz, Judges.

PER CURIAM

Petition for reconsideration allowed; opinion modified; convictions vacated; remanded for further proceedings not inconsistent with this opinion.


Defendants have petitioned for review of our decision. 107 Or. App. 380, 812 P.2d 837 (1991). We treat the petition as one for reconsideration, ORAP 9.15, and allow it. For reasons explained in State v. Morrison/Bartee, 108 Or. App. 766, 816 P.2d 1217 (1991), we modify our decision, vacate defendants' convictions and remand for further proceedings as directed in State v. Morrison/Bartee, supra.

In our per curiam opinion, we said:

"The facts of this case are set out in State v. Morrison/Bartee, 107 Or. App. 343, 812 P.2d 832 (1991), and the law and the result are the same." 107 Or App at 381.

Petition for reconsideration allowed; opinion modified; convictions vacated; remanded for further proceedings not inconsistent with this opinion.


Summaries of

STATE v. BURNS/KENNEY

Oregon Court of Appeals
Sep 11, 1991
816 P.2d 1219 (Or. Ct. App. 1991)
Case details for

STATE v. BURNS/KENNEY

Case Details

Full title:STATE OF OREGON, Respondent, v. DALE EDWARD BURNS, Appellant. STATE OF…

Court:Oregon Court of Appeals

Date published: Sep 11, 1991

Citations

816 P.2d 1219 (Or. Ct. App. 1991)
816 P.2d 1219