State v. Montgomery

Full title: STATE OF OREGON, Appellant, v. GREGORY EUCLID MONTGOMERY, Respondent

Court: Oregon Court of Appeals

Date published: Nov 9, 1994

883 P.2d 1342 (Or. Ct. App. 1994)

883 P.2d 1342

Opinion

92CR2600FE; CA A79608

Argued and submitted February 25, 1994

Affirmed November 9, 1994

Appeal from Circuit Court, Douglas County.

Robert C. Millikan, Judge.

Jonathan H. Fussner, 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.

David K. Allen, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before Rossman, Presiding Judge, and De Muniz and Leeson, Judges.

PER CURIAM

Affirmed.

PER CURIAM

This case presents the same issues that were presented in State v. Sharp, 131 Or. App. 148, 883 P.2d 916 (1994), which affirmed the trial court by an equally divided court. The same result is mandated here.

Affirmed.