# State v. Matischeck

> Court of Appeals of Oregon · May 5, 1975 · 21 Or. App. 300

URL: https://www.frixlaw.com/law-library/cases/6921200

## Case

- **Full name:** STATE OF OREGON v. GORDON ROY MATISCHECK
- **Court:** Court of Appeals of Oregon
- **Decided:** May 5, 1975
- **Citations:** 21 Or. App. 300; 535 P.2d 102; 1975 Ore. App. LEXIS 1395
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Foet, Fort, Langtry, Schwab
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6921200

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6921200. Public record. Not legal advice.