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STATE EX REL. SCHRUNK v. BEARDEN

A-8301-00247; CA A28056.

673 P.2d 585 (1983)

66 Or.App. 209

STATE of Oregon, ex rel. Michael D. Schrunk, District Attorney for Multnomah County, Oregon, Appellant, v. Honorable Frank L. BEARDEN, Judge of the District Court of the State of Oregon for Multnomah County, Respondent.

Court of Appeals of Oregon.

Decided December 21, 1983.

Attorney(s) appearing for the Case

Virginia L. Linder, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem, Michael D. Schrunk, Dist. Atty., and Douglass E. Beloof, Deputy Dist. Atty., Portland.

Carol A. Herzog, Multnomah Defenders, Inc., Portland, argued the cause for respondent. With her on the brief was Scott E. Asphaug, Certified Law Clerk, Portland.

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

RICHARDSON, Presiding Judge.

Plaintiff, the District Attorney of Multnomah County, appeals from an order denying his petition for a writ of mandamus directed to the defendant judge. Plaintiff seeks to compel defendant to dismiss a petition for diversion by a person charged with driving while under the influence of intoxicants. We conclude that plaintiff is entitled to issuance of the writ, and we reverse.

Davis, the DUII defendant, filed a petition for diversion...

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