State v. Sunnafrank

Court of Appeals of Oregon

State v. Sunnafrank

921 P.2d 428, 142 Or. App. 590, 1996 Ore. App. LEXIS 1172

CourtCourt of Appeals of Oregon

DecidedAugust 21, 1996

Docket93CR2544FE; CA A88218

StatusPublished

This text of 921 P.2d 428 (State v. Sunnafrank) 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. Sunnafrank, 921 P.2d 428, 142 Or. App. 590, 1996 Ore. App. LEXIS 1172 (Or. Ct. App. 1996).

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Opinion

PER CURIAM

The state appeals from the trial court’s dismissal of this matter as being barred by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution and by Article I, section 12, of the Oregon Constitution. The state argues, and defendant concedes, that United States v. Ursery, _ US _, 116 S Ct 762, 133 L Ed 2d 707 (1996), compels reversal of the trial court’s disposition, which was based solely on pre-Ursery federal authority. We agree. See, e.g., Umatilla County v. $18,005 in U.S. Currency, 142 Or App 513, 921 P2d 426 (1996); State v. Vettrus, 142 Or App 359, 922 P2d 673 (1996).

Reversed and remanded.

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PER CURIAM

The state appeals from the trial court’s dismissal of this matter as being barred by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution and by Article I, section 12, of the Oregon Constitution. The state argues, and defendant concedes, that United States v. Ursery, _ US _, 116 S Ct 762, 133 L Ed 2d 707 (1996), compels reversal of the trial court’s disposition, which was based solely on pre-Ursery federal authority. We agree. See, e.g., Umatilla County v. $18,005 in U.S. Currency, 142 Or App 513, 921 P2d 426 (1996); State v. Vettrus, 142 Or App 359, 922 P2d 673 (1996).

Reversed and remanded.

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Bluebook (online)

921 P.2d 428, 142 Or. App. 590, 1996 Ore. App. LEXIS 1172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sunnafrank-orctapp-1996.

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