* 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: opinionNo. 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