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STATE v. SHEPPARD

573 P.2d 1276 (1978)

32 Or.App. 345

STATE of Oregon, Appellant, v. Joseph Robert SHEPPARD, Respondent.

Court of Appeals of Oregon.

Decided January 30, 1978.

Attorney(s) appearing for the Case

Kent B. Thurber, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Vernon L. Richards, Sandy, argued the cause and filed the brief for respondent.

Before TANZER, P.J., and JOHNSON and ROBERTS, JJ.

ROBERTS, Judge.

This is an appeal by the state from the district court's order dismissing the criminal charge of driving while under the influence of intoxicants. Defendant's motion to dismiss was based on the prosecution's alleged failure to allow pretrial discovery pursuant to ORS 135.805-135.990.

Defendant was cited on April 1, 1977 for driving while under the influence of intoxicants. On April 4, 1977, defendant's attorney sent a letter to the district...

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