Summary
In State v. Ball, 77 Or. App. 308, 711 P.2d 988 (1986), we reversed defendant's convictions for possession of controlled substances on the authority of State v. Westlund, 75 Or. App. 43, 705 P.2d 208 (1985).
Summary of this case from State v. BallOpinion
C83-07-33480, C84-12-35437; A36004 (Control), A36005
Argued and submitted December 23, 1985.
Case no. C84-12-35437 reversed and remanded, case no. C83-07-33480 affirmed January 22, 1986. State's reconsideration and Ball's reconsideration denied March 28, 1986. Both petitions for review pending 1986.
Appeal from Circuit Court, Multnomah County, Stephen B. Herrell, Judge.
John P. Daugirda, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.
Before Gillette, Presiding Judge, and Van Hoomissen and Young, Judges.
PER CURIAM
Case number C84-12-35437 reversed and remanded; case number C83-07-33480 affirmed.
In this criminal case, defendant appeals three convictions for possession of a controlled substance and the revocation of a separate probation he was serving. As the state concedes, defendant's convictions must be reversed and remanded for trial under State v. Westlund, 75 Or. App. 43, 705 P.2d 208, rev allowed 300 Or. 332 (1985). However, defendant's probation revocation — which was based on matters other than the three convictions — was not erroneous. It is affirmed.
Defendant's other arguments for reversal of these convictions are not well taken.
Case number C84-12-35437 reversed and remanded; case number C83-07-33480 affirmed.