STATE v. McALLISTER

82-2274; CA A30398.

696 P.2d 1138 (1985)

72 Or.App. 611

STATE of Oregon, Respondent, v. Roger A. McAllister, Appellant.

Court of Appeals of Oregon.

Decided March 20, 1985.


Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Jeff Bennett, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


RICHARDSON, Presiding Judge.

Defendant appeals from his conviction for first degree theft. ORS 164.055. The issue is whether collateral estoppel bars that conviction. We hold that it does and reverse.

Defendant was arrested for driving under the influence of intoxicants on November 10, 1982. The arresting officer seized a pistol, later determined to have been stolen, from defendant's car, and another stolen weapon was seized from defendant's home. Defendant...

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