STATE v. ALLEN

85-60CR; CA A36678.

720 P.2d 761 (1986)

79 Or.App. 674

STATE of Oregon, Appellant, v. Len ALLEN, Respondent.

Court of Appeals of Oregon.

Decided June 4, 1986.


Attorney(s) appearing for the Case

Robert M. Atkinson, 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.

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

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.


VAN HOOMISSEN, Judge.

The state appeals the trial court's pretrial order dismissing a murder indictment. We reverse.

Defendant was arrested and charged with several robberies, burglaries and thefts. A plea agreement was negotiated between the prosecutor and defense counsel. In relevant part, it provided:

84-203CR "Defendant will plead to (Robbery I, Theft I),

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