State v. Bellar

I respectfully dissent from the majority’s dismissal of defendant’s cross-appeal. The issue presented is whether this court should exercise its discretion to consider defendant’s cross-appeal under ORS 138.040. The rule that guides the exercise of that discretion, under State v. Shaw, 338 Or 586, 618, 113 P2d 898 (2005), is that the “ordinary practice” of the court is to consider “only * * * [defendant’s] assignments of error that are inextricably linked, either factually or *91legally, to the state’s assignments of error on appeal.” In this case, the state appealed from a ruling granting a…