STATE v. LOVINS

CF01982; A102866

33 P.3d 1060 (2001)

177 Or. App. 534

STATE of Oregon, Respondent, v. Donald A. LOVINS, Appellant.

Court of Appeals of Oregon.

Decided October 31, 2001.


Attorney(s) appearing for the Case

Andy Simrin, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Brendan C. Dunn, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.


ARMSTRONG, J.

Defendant appeals his conviction for possession of a controlled substance. He raises two assignments of error. We write only to discuss his second assignment of error, which is that the court erred by denying him the right to make a closing argument. We agree with defendant and reverse and remand for a new trial.

The parties tried the case to the court on stipulated facts that were supplemented by a few witnesses called by each party. Immediately...

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