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STATE v. TRUEAX

CC 90-09-5071C; CA A68887; SC S39353.

845 P.2d 1291 (1993)

315 Or. 396

STATE of Oregon, Petitioner on Review, v. Michael A. TRUEAX, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided February 19, 1993.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, filed the petition for petitioner on review. With him on the petition were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Henry M. Silberblatt, Portland, filed the response for respondent on review.

VAN HOOMISSEN, Justice.

In this criminal case, defendant was convicted of sodomy in the second degree. We allowed the state's petition for review to consider whether the Court of Appeals erred in reversing defendant's conviction and in remanding for a new trial. State v. Trueax, 113 Or.App. 384, 830 P.2d 213 (1992).1 We remand the case to the trial court with...

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