State v. EUMANA-MORANCHEL

277 P.3d 549 (2012)

352 Or. 1

STATE of Oregon, Respondent on Review,

v.

Javier EUMANA-MORANCHEL, Petitioner on Review.

(CC 081053188; CA A142632; SC S059602).

Supreme Court of Oregon, En Banc.

Argued and Submitted January 9, 2012.

Decided May 10, 2012.

Erik Blumenthal, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Matthew J. Lysne, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were John R.…