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STATE v. HALLING

C 82-05-35518; C 82-05-35519; CA A25762.

672 P.2d 1386 (1983)

66 Or.App. 180

STATE of Oregon, Appellant, v. Dante HALLING, Respondent.

Court of Appeals of Oregon.

Decided December 14, 1983.

Attorney(s) appearing for the Case

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Larry Baron, Metropolitan Public Defender, Portland, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

The state appeals from an order which dismissed two indictments. The first charged defendant with burglary I, ORS 164.225, and hindering prosecution. ORS 162.325. The second alleged a separate charge of hindering prosecution. Both indictments were dismissed on the basis of a finding of prosecutorial vindictiveness. Because we find that the trial court applied the proper standard, we affirm.

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