Legal Opinion · Dissent

State v. Bighouse

Court of Appeals of Oregon

Decided October 22, 2008No. C033240CR, C040163CR, C041507CR A126980 (Control) A126981 A126982Published

1DissentEdmonds, J.

I dissent because the majority’s holding is contrary to the rule announced by the Oregon Supreme Court in State v. Wyatt, 331 Or 335, 15 P3d 22 (2000), and our holding in State v. Turley, 202 Or App 40, 120 P3d 1229 (2005), rev den, 340 Or 157 (2006).

The issue on reconsideration is whether defendant preserved in the trial court his assertion on appeal that the trial court erred when it imposed consecutive sentences on Counts 1 through 8, which allege that defendant committed the crimes of encouraging child sexual abuse, and Counts 11 through 16, which allege that he committed the crime of…

2Cases cited8 opinions

  1. State v. WyattOregon Supreme Court · 2000
  2. State v. HitzOregon Supreme Court · 1988
  3. State v. Roble-BakerOregon Supreme Court · 2006
  4. Northwest Natural Gas Co. v. Chase Gardens, Inc.Oregon Supreme Court · 1999
  5. State v. TurleyCourt of Appeals of Oregon · 2005

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