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STATE v. JOHNSON

10-82-04090; CA A30390.

689 P.2d 1032 (1984)

70 Or.App. 403

STATE of Oregon, Appellant, v. Charlie C. JOHNSON, Respondent.

Court of Appeals of Oregon.

Decided October 24, 1984.

Attorney(s) appearing for the Case

Robert E. Barton, 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.

James W. Spickerman, Eugene, argued the cause and filed the brief for respondent.

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

WARDEN, Judge.

This is a state's appeal from the dismissal of a charge of driving while under the influence of intoxicants (DUII). We affirm.

Defendant was charged by a single indictment with the crimes of driving while suspended or revoked, (DWS), ORS 487.560, and driving while under the influence of intoxicants, ORS 487.540. The two crimes were alleged to have occurred during the same act or transaction. The state did not contest defendant's motion to sever...

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