Opinion · Orlaw Oregon

STATE v. KOVACH, 51 Or. App. 739 (1981)

STATE OF Or., Respondent, v. JOHN PETER KOVACH, Appellant., 625 P.2d 1388 (Or. Ct. App. 1981)

Type: Opinion
Court: Orlaw Oregon
Jurisdiction: Orlaw
Date: 1981-07-21
Topic: general

STATE v. KOVACH, 51 Or. App. 739 (1981) 625 P.2d 1388 STATE OF OREGON, Respondent, v. JOHN PETER KOVACH, Appellant. No. 79-30062, CA 17710Oregon Court of Appeals.Argued and submitted November 10, 1980;Resubmitted in banc April 9, 1980 Reversed and remanded for resentencing April 13, 1981Reconsideration denied June 9, 1981Petition for review allowed July 21, 1981 Appeal from District Court, Lane County.

Citator

UpLaw has not yet analyzed STATE v. KOVACH, 51 Or. App. 739 (1981). The absence of a flag is not a finding that it is good law.

STATE v. KOVACH,51 Or. App. 739(1981)

625 P.2d 1388

STATE OF OREGON,Respondent,v. JOHN PETER KOVACH,Appellant.

No. 79-30062, CA 17710

Oregon Court of Appeals.

Argued and submitted November 10, 1980;

Resubmitted in banc April 9, 1980

Reversed and remanded for resentencing April 13, 1981

Reconsideration denied June 9, 1981

Petition for review allowed July 21, 1981

Appeal from District Court, Lane County.

Gregory G. Foote, Judge.

Robert H. Nagler, Eugene, argued the cause and filed the brief for appellant.

Robert C. Cannon, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were James M. Brown, Attorney General, John R. McCulloch, Jr., Solicitor General, and William F. Gary, Deputy Solicitor General, Salem.

PER CURIAM.

Reversed and remanded for resentencing.State v. Eastman,51 Or. App. 723,626 P.2d 956(1981).

Joseph, C.J., filed a dissenting opinion, joined by Thornton and Warren, JJ.

JOSEPH, C. J.,dissenting.

I dissent for the reasons stated in my dissent inState v.Eastman,51 Or. App. 723,626 P.2d 956(1981).

THORNTON, J. and WARREN, J., join in this dissent.Page 740

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