State v. Nye

543 P.2d 1041 (1975)

STATE of Oregon, Respondent,

v.

Rocky NYE, Petitioner.

Supreme Court of Oregon, In Banc.

Argued and Submitted June 2, 1975.

Decided December 26, 1975.

John K. Hoover, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the briefs was Gary D. Babcock, Public Defender, Salem.

Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

HOWELL, Justice.

This is a petition to review the decision of the Court of Appeals in State v. Nye, 20 Or. App. 454,…