green
Positive treatment
Quoted verbatim 2×
8.7 score
“in some circumstances, such as when the state makes an election as to the conduct underlying a particular charge, jury concurrence can be ensured without an express concurrence instruction”
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008
2017
2026
Top citers, strongest first. 13 distinct citers.
How cited ↗
discussed
Cited "but see"
State v. Doran
See, e.g., State v. Leers, 316 Or App 762, 770 , 502 P3d 1130 , rev den, 369 Or 733 (2022) (defendant entitled to instruction if correct statement of law and supported by evidence to support giving it); but see State v. Pauley, 211 Or App 674, 683 , 156 P3d 128 (2007), rev den, 345 Or 318 (2008) (failure to give jury concurrence instruction not plain error because legal point raised was not obvious).
discussed
Cited as authority (quoted)
State v. Frey
in some circumstances, such as when the state makes an election as to the conduct underlying a particular charge, jury concurrence can be ensured without an express concurrence instruction
discussed
Cited as authority (quoted)
State v. Sosa
e are certain that, if we were to remand this case to the trial court, it would correct its error in a manner that leaves intact defendant's total aggregate sentence of 120 months.
discussed
Cited "see"
State v. Parham
See State v. Pauley, 211 Or App 674, 684 , 156 P3d 128 (2007), rev den, 345 Or 318 (2008) (“The failure to give a necessary 1 ORS 163.160 has been amended since defendant committed his crimes; however, because those amendments do not affect our analysis, we refer to the current version of the statute in this opinion. 2 ORS 163.190 has been amended since defendant committed his crimes; however, because those amendments do not affect our analysis, we refer to the current version of the statute in this opinion.
cited
Cited "see"
State v. Swindler
See State v. Oliver, 221 Or App 233 , 189 P3d 1240 , rev den, 345 Or 318 (2008).
discussed
Cited "see"
State v. McQueen
It is also the past participle of the verb “to see,” which means, as relevant here, “to perceive by the eye : apprehend through sight.” Id. at 2054; see State v. Oliver, 221 Or App 233, 237 , 189 P3d 1240 , rev den, 345 Or 318 (2008) (relevant dictionary definition is the one that “seems most relevant to the use of the word in the statute”).
discussed
Cited "see"
Lincoln Loan Co. v. Estate of George Geppert
“Distribution” is defined, as particularly relevant here, as the “delivery or conveyance (as of newspapers or goods) to the members of a group” and “the act or process of distribut- ing or the condition of being distributed : APPORTIONMENT, ALLOTMENT <the ~ of money among creditors> <the ~ of the cards to the players>.” Webster’s Third New Int’l Dictionary 660 (unabridged ed 2002); see State v. Oliver, 221 Or App 233, 237 , 189 P3d 1240 , rev den, 345 Or 318 (2008) (relevant dictionary definition is the one that “seems most relevant to 220 Lincoln Loan Co. v. Estate of George…
discussed
Cited "see"
State v. Whiteside
See State v. Webster, 220 Or App 531, 535 , 188 P3d 329 , rev den, 345 Or 318 (2008) (explaining that the trial court’s determination to impose accident-related restitution under ORS 811.706 “is not about the damage caused by the defendant in committing the crime of conviction—it is about the damage caused by the defendant in the incident that gave rise to the defendant’s duties under ORS 811.700”); see also Hval, 174 Or App at 178 n 4 (noting testimony from Representative Prozanski that the purpose of ORS 811.706 “was to permit a person who has had their car sideswiped or their fe…
discussed
Cited "see"
State v. Marker
As relevant to this case, the term “unconscious” can be defined as “not marked by conscious thought, sensation, or feeling” or “having no consciousness for the time being.” Webster’s Third New Int’l Dictionary 2486 (unabridged ed 1971); see State v. Oliver, 221 Or App 233, 237-38 , 189 P3d 1240 , rev den, 345 Or 318 (2008) (relevant dictionary definition is the one that “seems most relevant to the use of the word in the statute”).
cited
Cited "see"
State v. MOORE-ZUNIGA
See ORS 161.610(2). 5 But see State v. Quintero-Martinez, 220 Or App 497, 500 , 188 P3d 350 , rev den, 345 Or 318 (2008) (imposition of multiple “gun minimum” sentences is “plain error”).
discussed
Cited "see, e.g."
State v. Johnson
Defendant acknowledges that an allegation by a child victim that she has been sexually abused is “ ‘some other evidence’ sufficient to corroborate the confession of [a] defendant.” State v. Campbell, 299 Or 633, 647 , 705 P2d 118 State v. Johnson 694 (1985) (a “complaint from a three-year-old that a person ‘licked her tee-tee’ is certainly ‘some other evidence’ ”); see also State v. Shelton, 218 Or App 652 , 180 P3d 155 , rev den, 345 Or 318 (2008) (child victim’s disclosure that defendant liked it when she grabbed his genital area and that the defendant had touched her v…
discussed
Cited "see, e.g."
State v. Ramos
In McMillan, we explained that the facts necessary to impose restitution under ORS 137.106 are not facts that increase the penalty to which a defendant is subject beyond the statutory maximum, because the statutory maximum includes restitution for the full amount of the victim’s pecuniary damages. 2 Id.; see also State v. Webster, 220 Or App 531, 535 , 188 P3d 329 , rev den, 345 Or 318 (2008) (applying reasoning of McMillan to restitution under ORS 811.706, which permits the imposition of restitution for automobile accident-related damages; statutory maximum sentence encompasses amount of da…
discussed
Cited "see, e.g."
State v. Capri
See, e.g., State v. Quintero-Martinez, 220 Or App 497, 501-03 , 188 P3d 350 , rev den, 345 Or 318 (2008) (trial judge’s statements on the record indicated that he intended that the defendant serve a certain amount of time for successful rehabilitation so there was certainty that the trial court would impose the same sentence on remand); State v. Jenniches, 187 Or App 658, 663-64 , 69 P3d 771 , rev den, 335 Or 578 (2003) (it was certain that, on remand, the sentencing court would impose the same total term of imprisonment that it originally imposed).
Retrieving the full opinion text from the archive…
STATE
v.
MARKS.
v.
MARKS.
S055275.
Oregon Supreme Court.
Oct 3, 2008.
Published
Citer courts: Court of Appeals of Oregon (2)
Petition for review denied.