State v. Dam

The state petitions for review of our order summarily reversing defendant’s judgment of conviction and remanding for a new trial. We allow the petition, which we treat as a petition for reconsideration, ORAP 9.15(1), and adhere to our order.

Defendant’s conviction was reversed on the ground that portions of the record of oral proceedings in the trial court are inaudible. ORS 19.130(3). The issue is whether, in a criminal case, the defendant is entitled to a reversal of the judgment and a remand for a new trial when a significant portion of the record is missing and cannot be reconstructed,…