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STATE v. BENNER

10-84-04791; CA A34801.

726 P.2d 1209 (1986)

81 Or. App. 613

STATE of Oregon, Appellant, v. Joseph C. BENNER, III, Respondent.

Court of Appeals of Oregon.

Decided October 15, 1986.

Reconsideration Denied December 5, 1986.

Review Denied December 30, 1986.

Attorney(s) appearing for the Case

Thomas Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. On the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and David L. Runner, Asst. Atty. Gen., Salem.

Gary D. Babcock, Public Defender, Salem, argued the cause for respondent. With him on the brief was Sally L. Avera, Deputy Public Defender, Salem.

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

NEWMAN, Judge.

The state indicted defendant for driving while revoked. Former ORS 487.560 (now ORS 811.175). Before trial, defendant moved to dismiss the indictment, arguing that the notice of revocation that the Motor Vehicles Division mailed to him was defective under State v. Tooley, 297 Or. 602, 687 P.2d 1068 (1984). After receiving evidence, the court dismissed the indictment, and...

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