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STATE v. ANTHONY

No. J83-1775; CA A29787.

683 P.2d 559 (1984)

STATE of Oregon, Appellant, v. Mark C. ANTHONY, Respondent.

Court of Appeals of Oregon.

Argued and Submitted March 30, 1984.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Jack L. Banta, Roseburg, waived appearance for respondent.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

The state appeals a pretrial order dismissing the indictment on former jeopardy grounds. We reverse.

Defendant was arrested for driving under the influence of intoxicants on April 5, 1983, and was taken to the Canyonville police station. At the police station, he struggled with a police officer and damaged some property. As a result, he was charged with criminal mischief. During the subsequent booking process, a transparent vial...

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