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STATE v. KENNEDY

No. C-79-12-34399, CA 17729.

657 P.2d 717 (1983)

61 Or.App. 469

STATE of Oregon, Respondent, v. Bruce Alan KENNEDY, Appellant.

Court of Appeals of Oregon.

Decided February 2, 1983.

Attorney(s) appearing for the Case

Donald C. Walker, Portland, argued the cause and filed the brief for appellant.

John C. Bradley, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., Robert E. Barton, Thomas H. Denney, and Stephen F. Peifer, Asst. Attys. Gen., Salem.

John Henry Hingson, III, Oregon City, and David E. Groom, Salem, filed a brief amicus curiae for Oregon Criminal Defense Lawyers Association.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

Submitted on Remand from the United States Supreme Court, May 24, 1982.

GILLETTE, Presiding Judge.

This case is before us on remand from the United States Supreme Court, Oregon v. Kennedy, ___ U.S. ___, 102 S.Ct. 2083, 72 L.Ed.2d 416 (1982). The Supreme Court reversed our decision, State v. Kennedy, 49 Or.App. 415, 619 P.2d 948 (1980), rev. den. 290 Or. 551 (1981)...

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