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STATE v. GATZKE

K33443; CA A36861.

720 P.2d 1313 (1986)

80 Or.App. 21

STATE of Oregon, Respondent, v. Andre B. GATZKE, II, Appellant.

Court of Appeals of Oregon.

Decided June 18, 1986.

Attorney(s) appearing for the Case

Edward P. Bernardi, Portland, argued the cause for appellant. With him on the brief was Bernardi & Spencer, Portland.

Keith L. Kutler, 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 RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals his conviction for driving a motorcycle without a motorcycle indorsement, a Class B traffic infraction, in violation of former ORS 482.192. The issue is whether the trial which led to his conviction was barred by a previous dismissal of the charge under ORS 136.130, which provides:

"If the court orders the accusatory instrument to be dismissed and the instrument charges a felony or Class A misdemeanor...

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