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STATE v. BARZA

86-C-20073; CA A39533.

733 P.2d 72 (1987)

84 Or.App. 19

STATE of Oregon, Appellant, v. Jerry Lee BARZA, Respondent.

Court of Appeals of Oregon.

Decided February 25, 1987.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

John P. Daugirda, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

The state appeals the dismissal of a first degree sexual abuse charge against defendant. ORS 163.425. The sole issue is whether a previous order revoking defendant's probation collaterally estopped the state from prosecuting defendant on the present charge. We hold that it did not and reverse.

At the time of the charged offense, defendant was on probation to the District Court for Marion County for an earlier second degree sexual...

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