State v. Moore

This case is before us on remand from the Supreme Court with instructions that we consider defendant’s two alternative bases for affirmance, which we had not previously reached or resolved. State v. Moore, 247 Or App 39, 269 P3d 72 (2011) (Moore I), rev’d, 354 Or 493, 318 P3d 1133 (2013) (Moore II), adh’d to as modified on recons, 354 Or 835, 322 P3d 486 (2014). For the reasons that follow, we conclude that defendant’s alternative contentions are unavailing. Accordingly, we reverse and remand.

We briefly summarize the contextual facts and procedure in this case, taking the following statement…