State v. Jones

I agree with the result, and virtually all of the analysis of the majority opinion, but write separately to address this court’s treatment of parties’ concessions of error.

The majority states: “[W]e are not bound by the state’s concession of error in our disposition of the case.” 129 Or App at 416. That proposition has been repeated, without amplification, in our cases for the last decade, and more. See, e.g., Fine v. Zenon, 114 Or App 183, 185, 834 P2d 509 (1992) (“[although we are not bound by that concession, we accept it”); State v. Louden, 101 Or App 367, 369, 790 P2d 1182 (1990)…