State v. Lyons

FILED: July 7, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

SHANNON ANTHONY LYONS,

Appellant.

(94-10-37308; CA A89277)

On remand from the Oregon Supreme Court. 327 Or 552, 964 P2d 1022 (1998).

Appeal from Circuit Court, Multnomah County.

William J. Keys, Judge.

Submitted on remand November 17, 1998.

Sally L. Avera, Public Defender, and Jesse Wm. Barton, Deputy Public Defender, for appellant.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Eleanor E. Wallace, Assistant Attorney General, for respondent.

Before Deits, Chief Judge, and De Muniz and Haselton, Judges.

DE MUNIZ, J.

Conviction for ORICO vacated and remanded with instructions for court to determine whether appropriate prosecutor had requisite knowledge. If the court finds that appropriate prosecutor did not have requisite knowledge, it shall reinstate ORICO conviction; otherwise, it shall dismiss the charge. Conviction for assault in the third degree affirmed.