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STATE v. PENA

516 P.2d 761 (1973)

STATE of Oregon, Appellant, v. Bill Robert PENA and Sandra Lee Pena, Respondents.

Court of Appeals of Oregon.

Decided December 10, 1973.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Fred A. Yeck, Newport, argued the cause for respondents. On the brief were MacPherson, Carstens & Menegat, Noel, Minor & Yeck and Kurt Carstens, Newport.

Before SCHWAB, C.J., and LANGTRY and TANZER, JJ.

LANGTRY, Judge.

The state appeals from an order dismissing an information which also barred further prosecution of the case. The charge was for a Class C felony, first degree theft. ORS 164.055(1)(a). ORS 138.060(1) provides authority for such an appeal. The state contends the court exceeded its discretion in the order it made. The charging part of the information alleged:

"That said Bill Robert Pena and Sandra Lee Pena on the 14th day of May A.D. 1973, in...

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