State v. Paul
559 P.2d 535, 28 Or. App. 479, 1977 Ore. App. LEXIS 2651
CourtCourt of Appeals of Oregon
DecidedFebruary 8, 1977
DocketNo. 4072, CA 6690
StatusPublished
Cited by2 cases
This text of 559 P.2d 535 (State v. Paul) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
State v. Paul, 559 P.2d 535, 28 Or. App. 479, 1977 Ore. App. LEXIS 2651 (Or. Ct. App. 1977).
Opinion
In this appeal from an order recommitting the appellant to Dammasch State Hospital, the state has responded to appellant’s brief as follows:
"With respect to the first assignment of error in the above matter, the State confesses error. Please note that the hearing in the case was held on January 29, 1976, which was prior to your Court’s decisions in State v. Alexander, 26 Or App 943, 554 P2d 524 (1976) and State v. Heintz, 26 Or App 935, 554 P2d 556 (1976). The trial court therefore did not have the benefit of those decisions in rendering its judgment.
"We would recommend that the case be reversed and remanded to [sic] directions that the matter be reheard within 20 days and, unless so heard, that Mr. Paul be discharged.”
The recommendation of the state is adopted.
Reversed and remanded with directions.
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Related
Matter of Fry
584 P.2d 354 (Court of Appeals of Oregon, 1978)
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Bluebook (online)
559 P.2d 535, 28 Or. App. 479, 1977 Ore. App. LEXIS 2651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-paul-orctapp-1977.