STATE EX REL. WARK v. FREERKSEN

85-0429C; CA A36518.

733 P.2d 100 (1987)

84 Or.App. 90

STATE of Oregon, ex rel. Craig Daniel Wark, Respondent, v. Karl W. FREERKSEN, Jr., Judge of the District Court of Washington County, Appellant.

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 James E. Mountain, Jr., Sol. Gen., Salem.

Stephen A. Houze, Portland, argued the cause for respondent. With him on the brief was John Henry Hingson III, Oregon City.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

Defendant, a trial judge, appeals from a judgment of the circuit court ordering that a peremptory writ of mandamus issue commanding him to dismiss a criminal prosecution for driving under the influence of intoxicants pending against relator. Relator petitioned for the writ after the judge granted the state's motion for a mistrial at his trial and denied his subsequent motion to dismiss. The circuit court ordered the writ issued after concluding that...

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