Opinion
10-94-00935, 10-94-05012; CA A86708 (Control), A86709 (Cases Consolidated)
Argued and submitted February 28; resubmitted In Banc July 10, CA A86708 affirmed; conviction in CA A86709 affirmed and remanded for resentencing August 28, 1996
In Banc
Appeal from Circuit Court, Lane County.
Gregory G. Foote, Judge.
James N. Varner, 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.
CA A86708 affirmed. State v. Brown, 143 Or. App. 263, 923 P.2d 1236 (1996). Conviction in CA A86709 affirmed and remanded for resentencing. State v. Allison, 143 Or. App. 241, 923 P.2d 1224 (1996).
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.