State v. Nghia Gia Dam

This case is before us on remand. State v. Dam, 312 Or 33, 816 P2d 593 (1991). The issue is whether defendant’s conviction should be reversed and the case remanded for a new trial on the ground that substantial portions of the record of oral proceedings in the trial court are inaudible.

After the notice of appeal was filed, defendant moved under ORS 19.1301 to reverse his conviction and to remand for a new trial. We allowed the motion. See State v. Dam, 107 Or App 152, 812 P2d 829 (1991). The Supreme Court vacated our decision and remanded for reconsideration in the light of Smith v. Custom…