State v. Riddle

The state petitions for reconsideration of our opinion, 155 Or App 526, 964 P2d 1056 (1998), arguing that our disposition was flawed because the evidentiary error that provided the basis for the reversal of defendant’s convictions for criminally negligent homicide, fourth-degree assault, and driving while intoxicated was, in fact, a harmless error as to the conviction for driving while intoxicated. Although the state failed to make that point on appeal, we nonetheless consider it on reconsideration, because we conclude that we should have considered the issue in the harmless error portion of…