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STATE v. BASTIAN

DUC 5822; CA A29269.

678 P.2d 780 (1984)

67 Or.App. 530

STATE of Oregon, Appellant, v. Kenneth Charles BASTIAN, Respondent.

Court of Appeals of Oregon.

Submitted on Record and Briefs March 8, 1984.

Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and William F. Nessly, Jr., Asst. Atty. Gen., Salem, filed the brief for appellant.

Timothy M. Bowman, Hillsboro, appeared for respondent.

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

PER CURIAM.

Respondent confesses error. The trial judge erred in interpreting the initial order of dismissal as being intended to bar further prosecution of the charge against defendant. See State v. Faulkner, 30 Or.App. 1027, 568 P.2d 714 (1977).

Reversed and remanded...

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