State v. Hess

75 P.3d 469 (2003)

189 Or. App. 325

STATE of Oregon, Appellant,

v.

John Duane HESS, Respondent.

200115408; A117315.

Court of Appeals of Oregon.

Argued and Submitted January 29, 2003.

Decided August 20, 2003.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Daniel Q. O'Dell, Salem, argued the cause and filed the brief for respondent.

Before EDMONDS, Presiding Judge, and ARMSTRONG[*] and SCHUMAN, Judges.

Defendant was charged by indictment with three counts of public…