STATE v. READY, 323 Or. 645 (1996)

919 P.2d 495

STATE OF OREGON, Petitioner on Review, v. RICHARD OWEN READY, Respondent on Review.

CC C920041CR; CA A78407; SC S42111Oregon Supreme Court.Argued and submitted November 9, 1995,
Decision of the Court of Appeals reversed Case remanded to the Court of Appeals with instructions July 18, 1996

On review from the Court of Appeals.[*]

[*] Appeal from Washington County Circuit Court, Alan C. Bonebrake, Judge. 132 Or. App. 422, 888 P.2d 603 (1994).

Janet A. Metcalf, Assistant Attorney General, Salem, argued the cause for petitioner on review. With her on the briefs were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Craig P. Colby, of Wall Colby, Portland, argued the cause and filed the brief for respondent on review.

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

[**] Unis, J., retired June 30, 1996, and did not participate in this decision.

PER CURIAM

The decision of the Court of Appeals is reversed. State v. Stoneman, 323 Or. 536, 920 P.2d 535 (1996). The case is remanded to the Court of Appeals to consider other issues raised by respondent on review.

Durham, J., dissented and filed an opinion.

Page 646

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Page 647

DURHAM, J., dissenting

I respectfully dissent for the reasons expressed in my dissenting opinion in State v. Stoneman, 323 Or. 536, 920 P.2d 535
(1996).

Page 648

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