* Office of Public Defense Services Appellate Division 1175 Coutt Street NE Salem, Oregon 97301-4030 Telephone (503) 378-3349 Fax (503) 378-2163, Match 6, 2019 www.oregon.gov/opds Barry Joe Stull 10852 SW Stark Street #5 Portland OR 97216 Re: Our File No. 67135 Multnomah County Circuit Court Case No. 15CR53749 Dear Mr. Stull: On March 6, 2019, the Court of Appeals issued its decision in your case and ruled in your favor. A copy of the court’s opinion is enclosed. Although the court ruled in your favor, the decision will not become final until the appellate judgment is issued. The appellate judgment signals the official end to the appeal. Until that time, the state has several options. If the state chooses to challenge the decision, it can ask the Court of Appeals to reconsider its opinion or ask the Supreme Court to review the Court of Appeals’ opinion. If the state elects either of those two options, your case will remain in the appellate courts for several months, I will inform you if the state files a petition for reconsideration or a petition for review. If the state chooses to accept the Court of Appeals ruling, the appellate judgment will issue in several weeks, and your case will be remanded to the trial court for further proceedings consistent with the Court of Appeals ruling. If you have any questions about this letter or the status of your case, please contact me in writing or by phone. Our office accepts collect calls on the first and third Thursday of each month, from 9 a.m. to noon and from 1:00 p.m. until 3:00 p.m. Sincerely, Brat sf Deputy Public Defender Criminal Appellate Section Enelosure: opinionNo. 99 March 6, 2019 435 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff:Respondent, v. BARRY JOE STULL, aka Barry Joe Stully, Defendant-Appellant. Multnomah County Circuit Court 15CR53749; A164154 Leslie M. Roberts, Judge. Argued and submitted January 7, 2019. Brett J. Allin, Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services. Barry Joe Stull filed the supplemental brief pro se. Gj Patrick M. Ebbett, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General. Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge. JAMES, J. Reversed and remanded.436 State v. Stull