Opinion
81-333C; CA A25034
Argued and submitted February 8, 1983
Reversed and remanded April 13, 1983 reconsideration denied May 27, petition for review allowed October 4, 1983 ( 295 Or. 730) See 296 Or. 168, 674 P.2d 585 (1983)
Appeal from Circuit Court, Klamath County, Ted Abram, Judge.
David E. Groom, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Stephen F. Peifer, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and William F. Gary, Solicitor General, Salem.
Before Richardson, Presiding Judge, and Van Hoomissen and Newman, Judges.
Reversed and remanded for a new trial. State v. Middleton, 61 Or. App. 680, 658 P.2d 555 (1983).
Van Hoomissen, J., dissenting.
I respectfully dissent for the reasons stated in the dissenting opinion in State v. Middleton, 61 Or. App. 680, 686, 658 P.2d 555 (1983).