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STATE v. TRON

No. 78-106C; CA 12002.

592 P.2d 1094 (1979)

39 Or.App. 603

STATE of Oregon, Appellant, v. Allen TRON, Respondent.

Court of Appeals of Oregon.

Decided April 2, 1979.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for respondent. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.

ROBERTS, Judge.

The state appeals from the trial court's granting of a defense motion dismissing charges against the defendant. Defendant was charged by information with escape in the first degree (ORS 162.165), assault in the second degree (ORS 163.175), and assault in the fourth degree (ORS 163.160). The trial court allowed a defense motion requiring the state to elect between the assault and escape charges. Contending it was not required to make the election, the...

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