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STATE v. FARLEY

84-1870-C; CA A35584.

714 P.2d 1079 (1986)

78 Or.App. 102

STATE of Oregon, Appellant, v. Donald FARLEY, Respondent.

Court of Appeals of Oregon.

Decided February 26, 1986.

Reconsideration Denied March 28, 1986.

Attorney(s) appearing for the Case

Thomas H. Denney, 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.

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

WARREN, Judge.

Defendant was charged with feloniously driving while suspended under former ORS 487.560, repealed by Or Laws 1983, ch. 338, § 978 (effective January 1, 1986). The trial court dismissed the indictment on the ground that defendant's guilty plea to driving under the influence of intoxicants, based on the same criminal episode, bars prosecution of the present charge. The state appeals.

Defendant was arrested on November 1, 1984...

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