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STATE v. McLEAN

A156959.

401 P.3d 252 (2017)

287 Or.App. 686

STATE of Oregon, Plaintiff-Respondent, v. George Earl MCLEAN, Defendant-Appellant.

Court of Appeals of Oregon.

September 7, 2017.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Kristin A. Carveth , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Paul L. Smith , Deputy Solicitor General, and Peenesh H. Shah , Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Hadlock, Chief Judge, and Egan, Judge.

HADLOCK, C. J., concurring.

I agree with the majority that the out-come in this case is dictated by State v. Bouthillier, 4 Or.App. 145, 149, 479 P.2d 512 (1970) (on rehearing), rev. den. (1971). Moreover, defendant has not argued that we should overrule that decision as...

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