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STATE v. CARUSO

TC 78-26700; CA 14143 and SC 26704.

613 P.2d 752 (1980)

289 Or. 315

STATE of Oregon, Respondent, v. Nicholas Edward CARUSO, Petitioner.

Supreme Court of Oregon, In Banc.

Decided June 24, 1980.

Attorney(s) appearing for the Case

Dan E. Neal, Eugene, argued the cause and filed the petition and briefs for petitioner.

Frank R. Pagagni, Jr., Asst. Dist. Atty., Eugene, argued the cause for respondent. With him on the brief was J. Pat Horton, Dist. Atty., Eugene.

James M. Brown, Atty. Gen., Walter L. Barrie, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, filed a brief amicus curiae.

Gary D. Babcock, Public Defender, and Thomas J. Crabtree, Deputy Public Defender, Salem, filed a brief amicus curiae.

TANZER, Justice.

We accepted review of this criminal case in order to consider the extent to which ORS 135.037 requires pretrial omnibus hearings.1 Instead, after supplemental briefing, we conclude that ORS 138.060, which regulates the scope of state's appeals in criminal cases, is dispositive.

Defendant was charged with driving under the influence of intoxicants in violation of ORS 487.540. The prosecutor moved for a pretrial...

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