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STATE v. McLEAN

A156959.

401 P.3d 252 (2017)

287 Or.App. 686

STATE of Oregon, Plaintiff-Respondent, v. George Earl MCLEAN, Defendant-Appellant.

Court of Appeals of Oregon.

September 7, 2017.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Kristin A. Carveth, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Paul L. Smith, Deputy Solicitor General, and Peenesh H. Shah, Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Hadlock, Chief Judge, and Egan, Judge.

HADLOCK, C. J., concurring.

I agree with the majority that the out-come in this case is dictated by State v. Bouthillier, 4 Or.App. 145, 149, 479 P.2d 512 (1970) (on rehearing), rev. den. (1971). Moreover, defendant has not argued that we should overrule that decision as...

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