STATE v. GARZA

TC 75-5801; CA 8562.

580 P.2d 1030 (1978)

STATE of Oregon, Plaintiff-Respondent, v. Anicleto Humberto GARZA, Defendant-Appellant.

Supreme Court of Oregon, In Banc.

July 12, 1978.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, and Gary L. Hooper, Deputy Public Defender, Salem, for petitioner.

No appearance contra.


Petition denied.

LENT, Justice, dissenting.

Insofar as I can ascertain, this is the first instance of written dissent from a decision of this court with respect to denial or allowance of a petition for review of a decision of the Court of Appeals; therefore, I do not take this step lightly. The publication of dissenting opinions is not at all uncommon in the Supreme Court of the United States where members of that court disagree with the denial of certiorari...

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