STATE v. TUCKER, 305 Or. 43 (1988)

749 P.2d 576

TC 85-0025; CA A36725; SC S34368, S34604Oregon Supreme Court.Submitted on State’s petition for review filed August 26, 1988
Petition for review filed November 4, 1987 and State’s review filed December 16, 1987 Decision of the Court of Appeals vacated and remanded February 2, 1988

In Banc

On review from the Court of Appeals.[*]

Stephen F. Peifer, Assistant Attorney General, Salem, filed the petition for review and Jonathan H. Fussner, Assistant Attorney General, Salem, filed the supplemental petition for review on behalf of the petitioner State of Oregon. With them on the petitions were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Wayne Mackeson, Portland, filed the petition for review on behalf of the petitioner Mindi Marie Tucker. With him on the petition was Des Connall and Dan Lorenz, P.C., Portland.

MEMORANDUM OPINION

The petitions for review of the State of Oregon and the defendant are denied. The supplemental petition for review of the State of Oregon is allowed. The decision of the Court of Appeals is vacated, and the case is remanded to the Court of Appeals for consideration of the issue raised in the supplemental petition of the State of Oregon.

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MEMORANDUM OPINION

The petitions for review of the State of Oregon and the defendant are denied. The supplemental petition for review of the State of Oregon is allowed. The decision of the Court of Appeals is vacated, and the case is remanded to the Court of Appeals for consideration of the issue raised in the supplemental petition of the State of Oregon.

Peterson, C.J., and Jones, J., would have allowed review on the original petitions of the State of Oregon and defendant.

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