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STATE v. MARTINDALE

569 P.2d 659 (1977)

30 Or.App. 1127

STATE of Oregon, Appellant, v. Larry MARTINDALE, Respondent.

Court of Appeals of Oregon.

Decided September 26, 1977.

Attorney(s) appearing for the Case

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Ronald K. Cue, Ashland, argued the cause for respondent. On the brief were Thomas C. Howser and Cottle, Howser & Hampton, Ashland.

Before SCHWAB, C.J., and RICHARDSON and JOHNSON, JJ.

JOHNSON, Judge.

The state appeals from an order dismissing with prejudice a misdemeanor complaint charging defendant with assault in the third degree. The district court's order states:

"This matter having come before the court on April 1, 1977, the state and defense each having had an opportunity to be heard, the court makes the following findings of fact. "1. That on or before the time scheduled for pretrial conference herein, Attorney for Defendant...

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