State v. Westlund

I write separately out of a deep sense of frustration. Despite our best efforts, this court seems to be losing its ongoing struggle to find the true meaning of State v. Lowry. Although I would never presume to have insights into Lowry which my colleagues lack, I cannot believe that the majority’s interpretation is the correct one. Therefore, I must respectfully dissent.

This is not the first time that reasonable minds on this court have differed as to the true import of Lowry. See, e.g., State v. Herbert, 75 Or App 106, 705P2d 220 (1985); State v. Flores, 68 Or App 617, 685 P2d 999, rev den…