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STATE v. LEWIS

No. 77-31757; CA 12040.

591 P.2d 414 (1979)

39 Or.App. 151

STATE of Oregon, Appellant, v. Carolyn Angelin LEWIS, Respondent.

Court of Appeals of Oregon.

Decided March 5, 1979.

Attorney(s) appearing for the Case

Eileen G. Simpson, Asst. Dist. Atty., Eugene, argued the cause for appellant. With her on the brief was J. Pat Horton, Dist. Atty., Eugene.

Robert A. Miller, Springfield, filed the brief for respondent. With him on the brief were Lively & Wiswall, Springfield.

Before SCHWAB, C.J., and THORNTON, LEE and GILLETTE, JJ.

GILLETTE, Judge.

The state appeals two orders entered prior to trial. By the first, the district court denied the state's request for an omnibus hearing. The court then dismissed the case when the state indicated it was not ready to proceed. The correctness of the second ruling depends upon the first. We hold the first to be erroneous, and reverse.

Defendant was charged with the traffic infraction of Driving Under the Influence of Intoxicants. The matter was...

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