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STATE v. PARKER

83-192 CR; CA A 29923.

689 P.2d 1035 (1984)

70 Or.App. 397

STATE of Oregon, Appellant, v. Leonard Ray PARKER, Respondent.

Court of Appeals of Oregon.

Decided October 24, 1984.

Reconsideration Denied December 7, 1984.

Review Allowed January 8, 1985.

Attorney(s) appearing for the Case

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

Stephen J. Williams, Deputy Public Defender, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender for Oregon, Salem.

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

WARDEN, Judge.

The state appeals from the trial court order sustaining defendant's demurrer to count III of a three-count indictment. Count I charged defendant with criminal mischief in the first degree. ORS 164.365. Count II charged menacing. ORS 163.190. Count III charged failure to perform the duties of a driver involved in an accident. ORS 483.602. All the charges were alleged to be part of the same act and transaction involving defendant's use of a motor vehicle...

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