State v. Sholedice
State v. Sholedice
Opinion of the Court
**577Defendant Smith petitions for reconsideration of this court's decision in State v. Sholedice/Smith,
Smith also argues that this court erred in reversing in its entirety the Court of Appeals decision in her case, State v. Smith,
Smith asserts that this court's disposition of her case-reversing the Court of Appeals decision and affirming the trial court judgment-was erroneous because neither this court nor the Court of Appeals considered her remaining assignment of error. We agree. Consistent with our usual practice, Smith's case should be remanded to the Court of Appeals to consider her other assignment of error. Accordingly, we allow Smith's petition for reconsideration and modify the disposition in State v. Sholedice/Smith, at
**578"In Sholedice, the decision of the Court of Appeals is reversed, and the judgment of the circuit court is affirmed. In Smith, the decision of the Court of Appeals is reversed, and the case is remanded to the Court of Appeals for consideration of *1144defendant's remaining assignment of error."
The petition for reconsideration is allowed. The former opinion is modified and adhered to as modified.
Defendants Sholedice and Smith were tried together, but their appeals were not consolidated, and the Court of Appeals issued separate decisions in the two appeals. This court issued a single opinion resolving both cases. Defendant Sholedice did not file a petition for reconsideration of this court's decision.
Reference
- Full Case Name
- STATE of Oregon, on Review v. Nathan Russell SHOLEDICE, on Review. State of Oregon, on Review v. Michelle Rae Smith, on Review.
- Cited By
- 2 cases
- Status
- Published