State v. Lesley

The state, as appellant, and defendant, as respondent, both petition for reconsideration and modification of our dismissal of the state’s appeal. State v. Lesley, 170 Or App 623, 13 P3d 571 (2000). We allow both petitions in order to amplify our reasoning and adhere to our original opinion as so modified.

In our original opinion, we held that the state’s appeal from the trial court’s order allowing defendant’s motion for new trial was untimely.1 The material circumstances were as follows: (1) On September 13, 1999, after a jury had found him guilty, defendant moved for a new trial; (2) on…