State v. Jones

Although I agree with the result and with much of what the majority and the other concurring opinion say, I write separately, because I believe that a substantial portion of their analysis is incorrect. In criminal cases, where the state concedes error, our review is not discretionary; our only inquiry should be whether the state’s concession is correct and furthers the ends of justice. If it does, we should accept it and adopt a result that is consistent with that concession.

I do not believe that the analysis developed in cases such as State v. Farmer, 317 Or 220, 856 P2d 623 (1993), Ailes…