State v. Fields

The state petitions for reconsideration of the portion of our opinion, 49 Or App 1033, 621 P2d 651 (1980), relating to CA 18189, which reversed and remanded defendant’s conviction for unauthorized use of a motor vehicle (ORS 164.135) on the ground that statements of the defendant should have been suppressed pursuant to Miranda v. Arizona, 384 US 436, 86 S Ct 1602, 16 L Ed 2d 694 10 ALR3d 974 (1966). We allow the petition, modify our opinion, and adhere to the opinion as modified.

The state points out that the testimony of defendant’s probation officer (Mohr), which we quoted at 49 Or App 1038…