STATE v. GILMORE

CR8-1781-JT; CA A60977.

792 P.2d 1242 (1990)

102 Or.App. 102

STATE of Oregon, Respondent, v. Craig John GILMORE, Appellant.

Court of Appeals of Oregon.

Decided June 6, 1990.


Attorney(s) appearing for the Case

Glenn N. Solomon, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Acting Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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


NEWMAN, Judge.

Defendant appeals his convictions for assault of a public safety officer, ORS 163.208, and resisting arrest. ORS 162.315. We vacate the judgment and remand.

The day before trial, scheduled for April 20, 1989, defendant's attorney filed a motion for determination of fitness to proceed and for an order appointing a psychiatrist to examine defendant. The motion was accompanied by the attorney's supporting affidavit which described specific instances...

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