State v. Gorham

Defendant petitions for review of our opinion, 121 Or App 347, 854 P2d 971 (1993), in which we affirmed his conviction for unlawfully taking a deer. ORS 496.162; ORS 496.992. We treat the petition as one for reconsideration, ORAP 9.15, allow it, modify our opinion and adhere to it as modified.

Defendant and Midlam were charged with various game offenses arising out of a single incident. Midlam, who was tried first, subpoenaed defendant to testify. In our opinion, we noted that the same lawyer had represented both defendants, and that it was defendant’s own lawyer who subpoenaed defendant and…