State v. Ryan

In State v. Ryan, 89 Or App 129, 747 P2d 408 (1987), rev den 305 Or 672 (1988), we vacated defendant’s conviction for reckless driving, ORS 811.140, and remanded the case for further proceedings. We stated:

“At the election of the state, the trial court may either hold a Brewton hearing or grant defendant a new trial. State v. Garcia, [88 Or App 169, 744 P2d 1007 (1987)]. If the state elects to have a hearing on the voluntariness of the statements, and if the trial court finds that the statements were voluntarily made, a new judgment of conviction shall be entered based on that finding and the…