STATE v. NESBIT, 343 Or. 222 (2007)

168 P.3d 1153

State v. Kevin Lee Nesbit.

Nos. (A125949)(S54894).Oregon Supreme Court.
October 4, 2007.

Appeal from the 212 Or App 496.

Petitions for Review Allowed.

Appellant’s petition for review is allowed. The parties’joint motion to vacate defendant’s conviction and remand the case to the trial court for entry of a judgment of dismissal of defendant’s conviction is granted. The decision of the Court of appeals is vacated, and this case is remanded to the Multnomah County Circuit Court with instructions to vacate defendant’s conviction and to enter a judgment of dismissal.

In eac h of the following cases, upo n consideration bythe court:

Respondent’s petition for revie w is allowed. The decision of the Court of Appeals is vacated, and case is remande d to the Court of Appeals for reconsideration in light of Mastriano v. Board of Parole, 342 Or 684, 159 P3d 1151 (2007).

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