State v. Palmer

Full title: STATE OF OREGON, Respondent, v. DOUGLAS PALMER, Appellant

Court: Oregon Court of Appeals

Date published: Feb 19, 1986

714 P.2d 285 (Or. Ct. App. 1986)

714 P.2d 285

Opinion

CR82-247; CA A33717

Argued and submitted January 27, 1986.

Reversed February 19, 1986.

Appeal from Circuit Court, Wasco County, John Jelderks, Judge.

Jack L. Schwartz, Portland, argued the cause and filed the brief for appellant.

Terry Ann Leggert, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.

Before Buttler, Presiding Judge, and Warren and Rossman, Judges.

PER CURIAM

Reversed.

PER CURIAM

The state concedes correctly that the trial court erred in allowing the district attorney to amend the indictment with respect to a matter of substance. State v. Martinez, 73 Or. App. 302, 698 P.2d 510 (1985).

Reversed.