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STATE v. MARTINEZ

84-134CR; CA A32616.

698 P.2d 510 (1985)

73 Or.App. 302

STATE of Oregon, Respondent, v. Jose Owen MARTINEZ, Appellant.

Court of Appeals of Oregon.

Decided April 17, 1985.

Attorney(s) appearing for the Case

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

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

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendant appeals his conviction for the crime of felony driving while suspended, ORS 487.560, contending that the trial court erred in granting the state's pretrial motion to amend the indictment. Because we conclude that the change made in the indictment was one of substance rather than of form, we reverse.

The indictment charged defendant with feloniously driving a motor vehicle during a period when his license had been revoked "by the Motor...

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