State v. Borck

Decision Date25 November 2009
Docket NumberA134423.,CR050689.
Citation232 Or. App. 266,221 P.3d 749
PartiesSTATE of Oregon, Plaintiff-Respondent, v. Russell Patrick BORCK, Defendant-Appellant.
CourtOregon Court of Appeals

Carroll J. Tichenor, Judge.

Jason E. Thompson, Salem and Ferder Casebeer French & Thompson, LLP, for petition.

Before HASELTON, Presiding Judge, and ROSENBLUM, Judge, and SERCOMBE, Judge.

PER CURIAM.

Defendant petitions for reconsideration of our opinion affirming his convictions on various crimes. State v. Borck, 230 Or.App. 619, 216 P.3d 915 (2009). Although we reject without discussion defendant's substantive contentions in support of his petition, we allow reconsideration for the limited purpose of modifying and correcting one aspect of our quotation of the trial court's operative ruling, as set out at 230 Or.App. at 629, 216 P.3d 915. Specifically, in the fourth paragraph of our quotation of the trial court's ruling, which begins "[The letters] do show * * *," the two references to "[M]" in that paragraph should, instead, read "[J]."

Reconsideration allowed; former opinion modified and adhered to as modified.

To continue reading

Request your trial
17 cases
  • Morris v. State
    • United States
    • Texas Court of Criminal Appeals
    • December 7, 2011
    ...v. Borck, 230 Or.App. 619, 630–31, 633–35, 635 n. 10, 216 P.3d 915, 920–21, 922–23, 923 n. 10, modified on other grounds, 232 Or.App. 266, 221 P.3d 749 (2009), review denied, 348 Or. 291, 231 P.3d 795 (2010) (letters from defendant admissible to show grooming, which in turn tended to show t......
  • State v. Roberts
    • United States
    • Oregon Court of Appeals
    • April 4, 2018
    ...all, part, or none of the proffered evidence."State v. Borck , 230 Or. App. 619, 636, 216 P.3d 915, adh'd to as modified on recons , 232 Or. App. 266, 221 P.3d 749 (2009), rev. den. , 348 Or. 291, 231 P.3d 795 (2010) (internal quotation marks omitted).6 A Baughman remand may well be the app......
  • State v. Clarke
    • United States
    • Oregon Court of Appeals
    • July 7, 2016
    ...the matters prescribed in Mayfield.” State v. Borck , 230 Or.App. 619, 637, 216 P.3d 915, adh'd to as modified on recons. , 232 Or.App. 266, 221 P.3d 749 (2009), rev. den. , 348 Or. 291, 231 P.3d 795 (2010). That will be so where “the totality of the attendant circumstances indicate that th......
  • State v. Anderson
    • United States
    • Oregon Court of Appeals
    • November 2, 2016
    ...773, 778, 369 P.3d 1200 (2016) (quoting State v. Borck , 230 Or.App. 619, 637, 216 P.3d 915, adh'd to as modified on recons. , 232 Or.App. 266, 221 P.3d 749 (2009), rev. den. , 348 Or. 291, 231 P.3d 795 (2010) ). That prescribed method includes four basic steps: (1) "analyze the quantum of ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT