State v. Sims

MEMORANDUM OPINION.

The state asks us to review a decision of the Court of Appeals which, following our decision in State v. Roper, 286 Or 621, 595 P2d 1247 (1979), reversed defendant’s conviction for the same conspiracy involved in Roper’s case. State v. Sims, 41 Or App 109, 597 P2d 377 (1979). The state’s petition for review does not attempt to differentiate this defendant’s case from Roper’s. Rather, the state urges a new argument not originally made in either case but later presented in a petition for rehearing in State v. Roper, supra, and now in this petition. We allow the petition for…