State v. Bellar

*82EDMONDS, P. J.

The appeal in this criminal case charging defendant with 40 counts of encouraging child sexual abuse in the second degree, ORS 163.686, was initiated by the state after the trial court allowed in part and denied in part defendant’s motion to suppress evidence. Defendant cross-appeals pursuant to ORS 138.0401 from the part of the order denying the motion to suppress. Subsequently, the state dismissed its appeal. The threshold issue before us is whether, under ORS 138.040, we may exercise our discretion to consider defendant’s cross-appeal after the state has dismissed its appeal.…