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STATE EX REL. ANDERSON v. HAAS

No. A 7908-03914; CA 15914.

602 P.2d 346 (1979)

43 Or.App. 169

STATE of Oregon ex rel. Ronald Anderson, Respondent, v. Harl HAAS, District Attorney for Multnomah County, Appellant.

Court of Appeals of Oregon.

Decided November 8, 1979.

Attorney(s) appearing for the Case

David L. Hattrick, Deputy Dist. Atty., Portland, argued the cause and filed the brief for appellant.

Janet L. Hoffman, Metropolitan Public Defender, Portland, argued the cause and filed the brief for respondent.

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

SCHWAB, Chief Judge.

Plaintiff, who has been indicted and is awaiting trial for a Class A felony, brought this mandamus proceeding to compel defendant, the Multnomah County District Attorney, to consider plaintiff for diversion pursuant to ORS 135.881 et seq., as an alternative to prosecution at the present time.1 The alternative writ of mandamus alleges, in essence, that defendant declined to consider plaintiff for diversion because...

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