State v. Fugate

963 P.2d 686 (1998)

154 Or. App. 643

STATE of Oregon, Appellant,

v.

Steven Glen FUGATE, Respondent.

96-0660-C; CA A96628.

Court of Appeals of Oregon, In Banc.[*]

Argued and Submitted December 23, 1997.

Resubmitted May 6, 1998.

Decided June 24, 1998.

Kaye E. Sunderland, Assistant Attorney General, argued the cause for Appellant. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Anne Morrison, Deputy Public Defender, argued the cause for Respondent. With her on the brief was Sally L. Avera, Public Defender.

Resubmitted In Banc May 6, 1998.

LANDAU, Judge.

Defe…