Opinion · Orlaw Oregon

STATE v. FILLIPPONE, 75 Or. App. 336 (1985)

STATE OF Or., Respondent, v. ANTHONY FILLIPPONE, Appellant., 705 P.2d 1159 (Or. Ct. App. 1985)

Type
Opinion
Court
Oregon
Jurisdiction
Oregon
Date
1985-09-18
Topic
general

STATE v. FILLIPPONE, 75 Or. App. 336 (1985) 705 P.2d 1159 STATE OF OREGON, Respondent, v. ANTHONY FILLIPPONE, Appellant. 10-84-00343; CA A34016Oregon Court of Appeals.Argued and submitted August 9, 1985. Reversed September 18, 1985.

Citator

UpLaw has not yet analyzed STATE v. FILLIPPONE, 75 Or. App. 336 (1985). The absence of a flag is not a finding that it is good law.

STATE v. FILLIPPONE,75 Or. App. 336(1985)
705 P.2d 1159
STATE OF OREGON,Respondent,v. ANTHONY FILLIPPONE,Appellant.
10-84-00343; CA A34016
Oregon Court of Appeals.
Argued and submitted August 9, 1985.
Reversed September 18, 1985.
Appeal from Circuit Court, Lane County, Edwin E. Allen, Judge.
Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the briefs was Gary D. Babcock, Public Defender, Salem.

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for respondent. With him on the briefs were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM

Reversed.Page 337
PER CURIAM
The indictment charging defendant with sexual abuse in the first degree shows on its face that it was brought beyond the limitations period. The trial court should have sustained defendant's demurrer to the indictment. The state concedes that defendant's conviction must be reversed.State v. Livingston,73 Or. App. 551,699 P.2d 1131(1985).

Reversed.Page 338