State v. McCloud

Decision Date30 October 2002
Citation184 Or.App. 659,56 P.3d 962
PartiesSTATE of Oregon, Respondent, v. Patrick K. McCLOUD, Appellant.
CourtOregon Court of Appeals

Garrett A. Richardson, Portland, for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Douglas F. Zier, Assistant Attorney General, for respondent.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

PER CURIAM.

This case is before us on remand after the Supreme Court vacated our previous opinion in light of State v. Barnum, 333 Or. 297, 39 P.3d 178 (2002). State v. McCloud, 177 Or. App. 511, 34 P.3d 699 (2001),vacated, 334 Or. 491, 52 P.3d 1056 (2002). In light of the Supreme Court's decision in Barnum, we now affirm the trial court's decision.

Affirmed.

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3 cases
  • State v. Sanders
    • United States
    • Oregon Court of Appeals
    • August 6, 2003
    ...the trial court to merge the relevant two convictions. According to the state, consistently with Barnum and State v. McCloud, 184 Or.App. 659, 56 P.3d 962 (2002), where two crimes are not separated by a sufficient pause under ORS 161.067(3), only the sentences, and not the convictions, merg......
  • State v. Lucio-Camargo
    • United States
    • Oregon Court of Appeals
    • February 5, 2003
    ...in State v. McCloud, 177 Or.App. 511, 34 P.3d 699 (2001), vac'd and rem'd, 334 Or. 491, 52 P.3d 1056 (2002), aff'd on remand, 184 Or.App. 659, 56 P.3d 962 (2002) (holding that Barnum requires that two nonconsensual sexual touchings of the victim during the same criminal episode must result ......
  • Monogios and Co. v. City of Pendleton
    • United States
    • Oregon Court of Appeals
    • October 30, 2002

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