Opinion
TC 86-495 CR; CA A43252; SC S34461
On petition for review filed September 25, 1987
Petition denied November 3, 1987
In Banc
On petition for review filed September 25, 1987.
Appeal from Judgment of Klamath County Circuit Court, Honorable Richard Beesley, Judge. 87 Or. App. 212, 741 P.2d 936 (1987).
John P. Daugirda, Deputy Public Defender, and Gary D. Babcock, Public Defender, Salem, for petitioner on review.
No appearance contra.
MEMORANDUM OPINION
The petition for review is denied.
Gillette, J., concurred and filed an opinion in which Lent and Linde, JJ., joined.
I concur in the denial of review in this case because the only issue of merit raised by the petition — whether State v. Jordan, 288 Or. 391, 605 P.2d 646, cert den 449 U.S. 846 (1980), should be reconsidered under Article I, section 9, of the Oregon Constitution — was not raised in either the trial court or the Court of Appeals. Had it been raised in a timely manner, I would favor allowing review to examine the question.
Lent and Linde, JJ., join in this concurring opinion.