STATE v. FULTS

(CC 04CR1586, 04CR1689; CA A127874 (Control), A127875; SC S054609).

173 P.3d 822 (2007)

343 Or. 515

STATE of Oregon, Petitioner on Review, v. David Lester FULTS, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided December 13, 2007.


Attorney(s) appearing for the Case

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for petitioner on review.

Ernest G. Lannet, Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.


GILLETTE, J.

In this criminal case, the state seeks review of a decision of the Court of Appeals that vacated a sentence and remanded the case for resentencing. The state contends that the claim of error that prompted the Court of Appeals decision was unpreserved and that the Court of Appeals' determination to consider that claim of error in any event under the doctrine of "plain error" was flawed. For the reasons that follow, we remand the case to the Court of Appeals...

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