State v. Stout

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758 April 19, 2018 No. 19 IN THE SUPREME COURT OF THE STATE OF OREGON STATE OF OREGON, Petitioner on Review, v. PATRICK EUGENE STOUT, Respondent on Review. (CC 1101350CR; CA A157453; SC S064521) On review from the Court of Appeals.* Argued and submitted June 14, 2017. Jennifer S. Lloyd, Assistant Attorney General, Salem, argued the cause and filed the briefs for the petitioner on review. Also on the briefs were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General. Kyle Krohn, Deputy Public Defender, Salem, argued the cause and filed the brief for the respondent on review. Also on the brief was Ernest G. Lannet, Chief Defender, Office of Public Defense Services. Before Balmer, Chief Justice, and Kistler, Walters, Nakamoto, Flynn, Duncan, and Nelson, Justices.** FLYNN, J. The decision of the Court of Appeals is affirmed. The judgment of the circuit court is reversed, and the case is remanded to that court for further proceedings. ______________ ** Appeal from Klamath County Circuit Court, Marci Warner Adkisson, Judge. 281 Or App 263, 382 P3d 591 (2016). **  Brewer, J., retired June 30, 2017, and did not participate in the decision of this case. Landau, J., retired December 31, 2017, and did not participate in the decision of this case.