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State v. Sunnafrank

Oregon Court of Appeals
Aug 21, 1996
921 P.2d 428 (Or. Ct. App. 1996)

Opinion

93CR2544FE; CA A88218

Argued and submitted May 30, reversed and remanded August 21, 1996

Appeal from Circuit Court, Douglas County.

Robert C. Millikan, Judge.

Robert M. Atkinson, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

David E. Groom, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before Riggs, Presiding Judge, and Landau and Haselton, Judges.


PER CURIAM

Reversed and remanded.


The state appeals from the trial court's dismissal of this matter as being barred by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution and by Article I, section 12, of the Oregon Constitution. The state argues, and defendant concedes, that United States v. Ursery, ___ US ___, 116 S Ct 762, 133 L Ed 2d 707 (1996), compels reversal of the trial court's disposition, which was based solely on pre- Ursery federal authority. We agree. See, e.g., Umatilla County v. $18,005 in U.S. Currency, 142 Or. App. 513, 921 P.2d 426 (1996); State v. Vettrus, 142 Or. App. 359, 922 P.2d 673 (1996).

Reversed and remanded.


Summaries of

State v. Sunnafrank

Oregon Court of Appeals
Aug 21, 1996
921 P.2d 428 (Or. Ct. App. 1996)
Case details for

State v. Sunnafrank

Case Details

Full title:STATE OF OREGON, Appellant, v. TIMOTHY SUNNAFRANK, Respondent

Court:Oregon Court of Appeals

Date published: Aug 21, 1996

Citations

921 P.2d 428 (Or. Ct. App. 1996)
921 P.2d 428