State v. Sullens

This criminal case was remanded from the Supreme Court for us to review defendant’s assignment of error that we did not reach in our previous opinion. State v. Sullens, 106 Or App 590, 809 P2d 700 (1991). In that decision, we held that we did not have the statutory authority to review a post-judgment order denying a motion for new trial. The Supreme Court reversed, holding that a motion for new trial, based on newly discovered evidence, is reviewable under ORS 138.040. 314 Or 436, 839 P2d 708 (1992). We now address defendant’s assignment of error, and affirm.

In August, 1988, the residence of…