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STATE v. LAND

No. 78-1086M; CA 11956.

589 P.2d 1141 (1979)

38 Or.App. 127

STATE of Oregon, Appellant, v. Larry O'Neal LAND, Respondent.

Court of Appeals of Oregon.

Decided January 29, 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.

Enver Bozgoz, Klamath Falls, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.

THORNTON, Judge.

This is an appeal by the state from an order dismissing a Uniform Traffic Citation and Complaint charging defendant with the crime of driving under the influence of intoxicants in violation of ORS 487.540 as enhanced by ORS 484.365.

The complaint alleges:

"That on the 17 day of June 1978 at 3:55 AM * * * Land, Larry O'Neal * * * did unlawfully operate vehicle, Lic. No. 4X-5259 * * * on a public highway * * * at or near Portland Ave...

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