STATE v. LAWRENCE, 320 Or. 107 (1994)

880 P.2d 431

STATE OF OREGON, Respondent on Review, v. THOMAS ELDRIDGE LAWRENCE, Petitioner on Review.

DC 903896; CA A70304; SC S39919Oregon Supreme Court.Argued and submitted August 31, 1993
September 9, 1994

Jeffrey C. Hollen, of Richardson, Ouderkirk Hollen, Newport, argued the cause and filed the petition for petitioner on review.

Jonathan H. Fussner, Assistant Attorney General, Salem, argued the cause for respondent on review.

Before Carson, Chief Justice, and Peterson,[**] Gillette, Van Hoomissen, Fadeley, Unis, and Graber, Justices.

[**] Peterson, J., retired December 31, 1993.

PER CURIAM

Affirmed by an equally divided court.

Unis, J., dissented and filed an opinion.

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UNIS, J., dissenting.

In my view, the decision of the Court of Appeals in this case should be vacated, and this case should be remanded to the Court of Appeals in light of this court’s decision in State v. Nagel, 320 Or. 24, 880 P.2d 451 (1994).

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