State v. Rohrs

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FILED: December 9, 1998

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Appellant,

v.

ROBERT JAMES ROHRS, SR.,

Respondent.

(TC96-15055; CA A97743)

En Banc*

Appeal from District Court, Clackamas County.

Deanne L. Darling, Judge.

Argued and submitted February 12, 1998; resubmitted en banc August 12, 1998.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Benjamin Wakefield argued the cause for respondent. With him on the brief was Scott K. Thompson.

DE MUNIZ, J.

Affirmed.

Warren, J., dissenting.

* Linder, J., not participating.

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