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STATE v. DUGGER

DA 275090; CA A33056.

698 P.2d 491 (1985)

73 Or.App. 109

STATE of Oregon, Appellant, v. Glen Raymond DUGGER, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted March 6, 1985.

Decided April 10, 1985.

Attorney(s) appearing for the Case

Stephen F. Peifer, 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.

Cynthia Cumfer, Portland, waived appearance for respondent.

Resubmitted In Banc March 6, 1985.

RICHARDSON, Judge.

Defendant publicly exposed his genitals while he was in the Frederick & Nelson department store, and he was charged with public indecency. ORS 163.465. He entered into a civil compromise with the store's management pursuant to ORS 135.703 et seq., and the trial court dismissed the charge. The state appeals from the dismissal. We reverse.

ORS 135.703 provides:

"When a defendant...

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