State v. Marmon

Full title: STATE OF OREGON, Respondent, v. RALPH E. MARMON, Appellant

Court: Oregon Court of Appeals

Date published: Aug 28, 1996

923 P.2d 1239 (Or. Ct. App. 1996)

923 P.2d 1239

Opinion

C9306-33861; CA A88323

Argued and submitted February 28; resubmitted In Banc July 10, convictions affirmed; remanded for resentencing August 28, 1996

In Banc

Appeal from Circuit Court, Multnomah County.

Janice R. Wilson, Judge.

Dan Maloney, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

PER CURIAM

Convictions affirmed; remanded for resentencing. State v. Allison, 143 Or. App. 241, 923 P.2d 1224 (1996); State v. Brown, 143 Or. App. 263, 923 P.2d 1236 (1996).

Leeson, J., concurring.

LEESON, J., concurring.

I concur in this case for the same reasons stated in my concurrence in State v. Allison, 143 Or. App. 241, 256, 923 P.2d 1224 (1996).

Deits, Riggs and De Muniz, JJ., join in this concurring opinion.