State v. Nelson

265 P.3d 8 (2011)

246 Or. App. 91

STATE of Oregon, Plaintiff-Respondent,

v.

Monty Lee NELSON, Defendant-Appellant.

05C48415; A133642.

Court of Appeals of Oregon.

Argued and Submitted April 29, 2010.

Decided October 19, 2011.

Jesse Wm. Barton argued the cause for appellant. On the briefs were Charles M. Simmons.

Linda Wicks, Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Senior Judge.

WOLLHEIM, J.

Defendant appeals from a…