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STATE v. HOLMES

No. 73-1175; CA 11207; SC 26084.

601 P.2d 1213 (1979)

287 Or. 613

STATE of Oregon, Petitioner, v. Lynn Alan HOLMES, Respondent.

Supreme Court of Oregon, In Banc.

Decided October 23, 1979.

Attorney(s) appearing for the Case

Karen H. Green, Asst. Atty. Gen., Salem, argued the cause for petitioner. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

PETERSON, Justice.

In State v. Turner, 247 Or. 301, 313, 429 P.2d 565 (1967), we held that after an appeal or post-conviction proceeding has resulted in the ordering of a new trial for errors other than an erroneous sentence, upon a second conviction no greater sentence can be given than that originally imposed.

This case involves a related issue. When a defendant has been twice tried...

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