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STATE v. GWYTHER

No. 92916; CA A21335.

643 P.2d 1296 (1982)

57 Or.App. 34

STATE of Oregon, Appellant, v. David George GWYTHER, Respondent.

Court of Appeals of Oregon.

Decided April 26, 1982.

Attorney(s) appearing for the Case

Christopher D. Moore, Certified Law Student, Eugene, argued the cause for appellant. With him on the brief were J. Pat Horton, Dist. Atty., and David M. Nissman, Asst. Dist. Atty., Eugene.

David B. Mills, Eugene, argued the cause for respondent. With him on the brief was Hammons & Jensen, Eugene.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

THORNTON, Judge.

The state appeals1 from a circuit court order, issued pursuant to ORS 137.225, expunging defendant's 1969 third degree arson conviction.

The facts are not disputed. On August 14, 1969, defendant was convicted of third degree arson. On November 14, 1969, he was placed on probation for three years. The court also ordered that the state recover its costs and disbursements. On defendant's appeal to this court (State...

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