State v. Edson

Filed: July 29, 1999

IN THE SUPREME COURT OF THE STATE OF OREGON

STATE OF OREGON,

Petitioner on Review,

v.

DEBRA LYNN EDSON,

Respondent on Review.

(CC 10-94-12098; CA A87550; SC S43263)

On review from the Court of Appeals.*

Argued and submitted March 8, 1999.

Jonathan H. Fussner, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Andy Simrin, Deputy Public Defender, Salem, argued the cause for respondent on review. With him on the brief was Sally L. Avera, Public Defender.

Before Carson, Chief Justice, and Gillette, Van Hoomissen, Durham, Leeson, and Riggs, Justices.**

GILLETTE, J.

The decision of the Court of Appeals is affirmed in part and reversed in part. The judgment of the circuit court is affirmed in part and reversed in part, and the case is remanded to the circuit court for resentencing.

*Appeal from Lane County Circuit Court,

Edwin E. Allen, Judge.

139 Or App 412, 912 P2d 423 (1996).

**Kulongoski, J., did not participate in the consideration or decision of this case.