STATE v. FEBUARY

(CC 080982; SC S063867).

396 P.3d 894 (2017)

361 Or. 544

STATE of Oregon, Respondent on Review, v. Roger Robert FEBUARY, Petitioner on Review.

Supreme Court of Oregon.

June 22, 2017.


Attorney(s) appearing for the Case

David O. Ferry , Deputy Public Defender, Salem, argued the cause and filed the brief for the petitioner on review. Also on the brief was Ernest G. Lannet , Chief Defender, Office of Public Defense Services.

Jonathan N. Schildt , Assistant Attorney General, Salem, argued the cause and filed the brief for the respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

En Banc


The prophylactic rule of State v. Partain, 349 Or. 10, 239 P.3d 232 (2010), protects against vindictiveness in the resentencing of a criminal offender after a successful appeal. Partain, in turn, was based on North Carolina v. Pearce...

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