STATE v. VIAR, 95 Or. App. 744 (1989)

770 P.2d 614

STATE OF OREGON, Respondent, v. HARRY EMIL VIAR, Appellant.

87CR-1771; CA A48131Oregon Court of Appeals.Argued and submitted November 21, 1988
Reversed and remanded for new trial March 22, 1989 reconsideration denied May 12, petition for review allowed June 27, 1989 (308 Or. 158) See later issue Oregon Reports

Appeal from the Circuit Court, Coos County, Richard K. Mickelson, Judge pro tempore.

Nick Nylander, North Bend, argued the cause for appellant. With him on the brief was Flaxel, Todd Nylander, North Bend.

Jonathan H. Fussner, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Buttler, Presiding Judge, and Warren and Rossman, Judges.

PER CURIAM

Reversed and remanded for new trial. State v. Ainsworth, 95 Or. App. 240, 770 P.2d 58 (1989).

Rossman, J., dissenting.

Page 745

ROSSMAN, J., dissenting.

For the reasons I expressed in my dissent in State v. Ainsworth, 95 Or. App. 240, 247, 770 P.2d 58 (1989), I dissent.

Page 746