Opinion

State v. Matischeck

21 Or. App. 300
535 P.2d 102
1975 Ore. App. LEXIS 1395

Court: Court of Appeals of Oregon
Filed: May 5, 1975
Status: Published
On the bench: Foet, Fort, Langtry, Schwab
Cited by: 3 cases
Authority: More cited than 61.8%

The opinion

PER CURIAM.

This case is again before us on remand from the Supreme Court for reconsideration in light of State v. Hammang, 271 Or 749 , 534 P2d 501 (1975).

We adhere to our prior analysis of the prosecutorial-knowledge element of the double-jeopardy test of State v. Brown, 262 Or 442 , 497 P2d 1191 (1972). However, the Supreme Court’s Hammang decision establishes that the Brown rule does not bar subsequent trial on a charge arising from a single act or trans: action when a former “prosecution” consisted only *301 of a guilty plea. Factually, that is the situation in this case.

Former opinion modified. Affirmed.

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