State v. Quintero

Defendant has petitioned for review of our decision. 110 Or App 247, 823 P2d 981 (1991). We treat the petition as one for reconsideration, ORAP 9.15, and allow it for clarification.

Defendant contends that we erred in holding:

“On appeal, [defendant] also asserts as a basis for his motion to sever the prejudice allegedly caused to him by the testimony of Lila [the wife of a codefendant]. The potential for problems with her testimony, however, was not presented to the trial court as part of the motion to sever.” 110 Or App at 252 n 6.

He asserts that he argued in his trial memorandum and in the…