STATE v. HESS

(CC 20-01-15408; CA A117315; SC S51141).

159 P.3d 309 (2007)

342 Or. 647

STATE of Oregon, Respondent on Review, v. John Duane HESS, Petitioner on Review.

Supreme Court of Oregon.

Decided May 10, 2007.


Attorney(s) appearing for the Case

Andrew S. Chilton, Chilton, Ebbett & Rohr, LLC, Portland, argued the cause and filed the brief for petitioner on review.

Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, and BALMER, Justices.


DURHAM, J.

In this criminal case, the state appeals from an order of the trial court that prohibited the state from disclosing to the jury during trial the fact that defendant had made a judicial admission that he had previous convictions for public indecency—convictions that could elevate the public indecency charges at issue here to felonies. The Court of Appeals reversed the trial court's order. State v. Hess, 189 Or.App. 325

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