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STATE v. HATHAWAY

84-1040-C; CA A36389.

728 P.2d 908 (1986)

82 Or.App. 509

STATE of Oregon, Respondent, v. Stincy E. HATHAWAY, Appellant.

Court of Appeals of Oregon.

Decided November 19, 1986.

Reconsideration Denied January 16, 1987.

Review Denied February 3, 1987.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and Ernest E. Estes, Deputy Public Defender, Salem, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, filed the brief for respondent.

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

NEWMAN, Judge.

Defendant appeals her conviction for delivery of a controlled substance. ORS 475.992. She assigns as error the court's denial of her pretrial motion to dismiss the indictment on the ground of former prosecution. She argues that her previous entry of a guilty plea to another indictment for delivery of a controlled substance barred her prosecution under both ORS 131.515(2) and Article I, section 12, of the Oregon Constitution.1

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