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STATE v. SCHMID

85-1075; CA A37347.

723 P.2d 334 (1986)

80 Or. App. 545

STATE of Oregon, Respondent, v. Richard Allen SCHMID, Jr., Appellant.

Court of Appeals of Oregon.

Decided August 6, 1986.

Attorney(s) appearing for the Case

Jenny M. Cooke, Portland, argued the cause and filed the brief for appellant.

Jonathan H. Fussner, 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 WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

VAN HOOMISSEN, Judge.

Defendant appeals his conviction for assault. He contends that the trial court erred in refusing to permit a defense witness to testify, as a sanction for failure to provide discovery to the state. See ORS 135.805 et seq.1 We reverse and remand.

On June 20, 1985, Dr. Schmahl, a psychologist, examined defendant. On July 22, defense counsel informed the prosecutor that he intended to call Schmahl...

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