STATE v. GARCIA

No. 81-2546; CA A28538.

680 P.2d 704 (1984)

68 Or.App. 58

STATE of Oregon, Appellant, v. Baldomero GARCIA, Respondent.

Court of Appeals of Oregon.

Decided May 9, 1984.


Attorney(s) appearing for the Case

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

Helen I. Bloch, Salem, argued the cause for respondent. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and NEWMAN, J.


JOSEPH, Chief Judge.

The state appeals from a pretrial order that dismissed the charge against defendant because of the state's "delay in post-charge arrest." We reverse and remand for trial.

Defendant sold a guitar to a musician for $80. The musician estimated that the guitar was worth approximately $500 to $600. He later learned that the guitar had been stolen from a local band. He reported the matter to the police, who contacted defendant. Defendant admitted...

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