State v. Cook

Filed: July 2, 1998

IN THE SUPREME COURT OF THE STATE OF OREGON

STATE OF OREGON,

Petitioner on Review,

v.

RAFAEL ROMAN COOK,

Respondent on Review.

(CC 9305-33261; CA A83131; SC S42784)

On review from the Court of Appeals.*

Argued and submitted September 6, 1996; reassigned February 3, 1998; resubmitted June 25, 1998.

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

Sally L. Avera, Public Defender, Salem, argued the cause and filed the brief for respondent on review.

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

MEMORANDUM OPINION

The decision of the Court of Appeals is reversed. The judgment of the circuit court is affirmed. See State v. Boone, ___ Or ___, ___ P2d ___ (July 2, 1998).

*Appeal from Multnomah County Circuit Court,

Charles B. Guinasso, Judge.

136 Or App 525, 901 P2d 911 (1995).

**Fadeley, J., retired January 31, 1998, and did not participate in this decision; Graber, J., resigned March 31, 1998, and did not participate in this decision; Kulongoski, J., did not participate in the consideration or decision of this case.