State v. Rodriguez

175 P.3d 471 (2007)

217 Or. App. 24

STATE of Oregon, Plaintiff-Respondent,

v.

Ruben E. RODRIGUEZ, Defendant-Appellant.

04065087C; A126339.

Court of Appeals of Oregon, En Banc.

Argued and Submitted January 12, 2007.

Resubmitted August 8, 2007.

Decided December 19, 2007.

Leland R. Berger, Portland, argued the cause for appellant. With him on the brief was Anthony L. Johnson.

Laura S. Anderson, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Jesse Wm. Barton, Salem, filed the brief amicus…