Opinion

State v. Garcia

  • 288 Or. 413
  • 605 P.2d 671
Court
Oregon Supreme Court
Filed
Jan 22, 1980
Status
Published
Author
Peterson
On the bench
Howell, Lent, Peterson, Tongue
Cited by
103 cases

explaining that commission had considered treating "casual" receivers the same as other types of thieves and "professional" receivers more harshly

How later courts described this case

  • explaining that commission had considered treating "casual" receivers the same as other types of thieves and "professional" receivers more harshly
  • relying on same legislative history in interpreting term “substantially’ in adopted version of the law
  • explaining that concept of “substantial distance” informs meaning of “intent to interfere substantially’
  • explaining that those concepts inform the meaning of the intent to “substantially interfere”

Written by the judges who cited it.

The opinion

PETERSON, J.,

concurring in part; dissenting in part.

I, too, concur in the majority opinion in its holding that the trial court did not err in convicting and sentencing defendant separately for kidnapping, rape, and sodomy. I join with Justice Tongue in part II of his dissent. I do not agree with part I of his dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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