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STATE v. RILEY

No. DA 188497; CA 17671.

619 P.2d 1364 (1980)

49 Or.App. 665

STATE of Oregon, Appellant, v. Yolanda D. RILEY, Respondent.

Court of Appeals of Oregon.

Decided December 8, 1980.

Attorney(s) appearing for the Case

Karen H. Green, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

David L. Slader, Portland, argued the cause and filed the brief for respondent.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

JOSEPH, Presiding Judge.

The state appeals pursuant to ORS 138.060(1) from a district court order dismissing a complaint for attempted second degree theft. Defendant was charged with second degree theft and attempted second degree theft. She pleaded guilty to the charge of second degree theft and was sentenced to 30 days in jail, with 26 days suspended. On its own motion the district court dismissed the charge of attempted second degree theft "in the interests of...

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