State v. Sons

FILED: June 12, 2002

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

KEVIN RAY SONS,

Appellant.

PR090049; A110194

Appeal from Circuit Court, Multnomah County.

Roosevelt Robinson, Judge. (Motion to Quash; Motion to Dismiss)

Steven R. Evans, Judge pro tempore. (Judgment)

Submitted on record and briefs May 3, 2002.

Craig P. Colby and Wall & Colby filed the brief for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Rolf C. Moan, Assistant Attorney General, filed the brief for respondent.

Before Haselton, Presiding Judge, and Linder and Wollheim, Judges.

PER CURIAM

Reversed.

PER CURIAM

Defendant was found guilty of exceeding the maximum speed limit, ORS 811.123, and fined $100. On appeal, he asserts that the trial court erred in concluding that he violated ORS 811.123 because no evidence was presented at trial that defendant was the registered owner of the car that was photographed exceeding the speed limit. The state concedes that reversal is required, because this case is factually indistinguishable from State v. Clay, 332 Or 327, 29 P3d 1101 (2001. We agree and accept the state's concession.

Reversed.