State v. Tynon

955 P.2d 250 (1998)

152 Or. App. 693

STATE of Oregon, Appellant,

v.

Rickey D. TYNON, Respondent.

96-823-C; CA A95383.

Court of Appeals of Oregon, In Banc.[*]

Argued and Submitted November 19, 1997.

Resubmitted January 13, 1998.

Decided February 25, 1998.

Rolf C. Moan, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Clayton C. Patrick, Salem, argued the cause and filed the brief for respondent.

Resubmitted in banc January 13, 1998.

EDMONDS, Judge.

This case is an appeal by the state because the…