State v. Gyenes

855 P.2d 642 (1993)

121 Or. App. 208

STATE of Oregon, Appellant,

v.

Charles M. GYENES, Respondent.

91-085; CA A70620.

Court of Appeals of Oregon, In Banc.[*]

Argued and Submitted September 28, 1992.

Resubmitted May 5, 1993.

Decided June 23, 1993.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Lisa A. Maxfield, Portland, argued the cause for respondent. With her on the brief was Ransom, Blackman & Weil, Portland.

Resubmitted In Banc May 5, 1993.

WARREN, Judge.

The state appeals…