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STATE v. BETHUNE

No. DA 185678; CA 18577.

624 P.2d 1113 (1981)

51 Or.App. 271

STATE of Oregon, Appellant, v. Gary Arthur BETHUNE, Respondent.

Court of Appeals of Oregon.

Decided March 16, 1981.

Attorney(s) appearing for the Case

James E. Mountain, Jr., Asst. Atty. Gen., Salem, argued the cause for appellant. On the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., William F. Gary, Deputy Sol. Gen., and Robert C. Cannon, Asst. Atty. Gen., Salem.

Daniel C. Lorenz, Portland, waived appearance for respondent.

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

YOUNG, Judge.

Defendant is charged with the traffic crime of driving while under the influence of intoxicants, ORS 487.540, as enhanced by ORS 484.365, a class A misdemeanor. The state appeals from a district court order dismissing the charge "in furtherance of justice," pursuant to ORS 135.755.1 We reverse.

Defendant was issued a traffic citation December 7, 1979. Trial was set for February 21, 1980. Defendant was granted a continuance...

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