State v. Millspaugh

Full title: STATE OF OREGON, Appellant, v. MICHAEL DUANE MILLSPAUGH, Respondent

Court: Oregon Court of Appeals

Date published: Apr 2, 1996

904 P.2d 655 (Or. Ct. App. 1996)

904 P.2d 655

Opinion

C9008-34492; CA A80971

Argued and submitted June 28, 1995.

Reversed and remanded with instructions November 8, 1995. Petition for review denied April 2, 1996 ( 323 Or. 114)

Appeal from Circuit Court, Multnomah County, Frank Bearden, Judge.

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

Peter Gartlan, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before Riggs, Presiding Judge, and Edmonds and Armstrong, Judges.

PER CURIAM

Reversed and remanded with instructions to reinstate indictment. State v. Conger, 319 Or. 484, 878 P.2d 1089 (1994).