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STATE v. DYSON

No. D1-8347; CA 19853.

629 P.2d 887 (1981)

52 Or.App. 833

The STATE of Oregon, Appellant, v. Thomas Wayne DYSON, Respondent.

Court of Appeals of Oregon.

Decided June 15, 1981.

Attorney(s) appearing for the Case

Alexander A. Wold, Jr., Asst. Dist. Atty., Eugene, argued the cause for appellant. With him on the brief was J. Pat Horton, Dist. Atty., Eugene.

Elizabeth A. Baldwin, Public Defender Services of Lane County, Inc., Eugene, argued the cause and filed the brief for respondent.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

YOUNG, Judge.

Defendant was charged with the class "A" misdemeanor of "Illegal Possession of Doe Deer."1 The state appeals challenging the sanction of dismissal imposed by the trial court after an omnibus hearing for violation of the discovery statute. ORS 135.815. We reverse.

Following a motion to dismiss, or, alternatively, to exclude testimony, the trial court made findings of fact reflecting the history of discovery in this...

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