State v. Kovach

Full title: STATE OF OREGON, Respondent, v. JOHN PETER KOVACH, Appellant

Court: Oregon Court of Appeals

Date published: Jul 21, 1981

51 Or. App. 739 (Or. Ct. App. 1981)

625 P.2d 1388

Opinion

No. 79-30062, CA 17710

Argued and submitted November 10, 1980; Resubmitted in banc April 9, 1980

Reversed and remanded for resentencing April 13, 1981 Reconsideration denied June 9, 1981 Petition for review allowed July 21, 1981

Appeal from District Court, Lane County.

Gregory G. Foote, Judge.

Robert H. Nagler, Eugene, argued the cause and filed the brief for appellant.

Robert C. Cannon, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were James M. Brown, Attorney General, John R. McCulloch, Jr., Solicitor General, and William F. Gary, Deputy Solicitor General, Salem.

PER CURIAM.

Reversed and remanded for resentencing. State v. Eastman, 51 Or. App. 723, 626 P.2d 956 (1981).

Joseph, C.J., filed a dissenting opinion, joined by Thornton and Warren, JJ.

PER CURIAM.

JOSEPH, C. J., dissenting.

I dissent for the reasons stated in my dissent in State v. Eastman, 51 Or. App. 723, 626 P.2d 956 (1981).

THORNTON, J. and WARREN, J., join in this dissent.