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STATE v. ALBERT

85-841-K, 84-7311-K; CA A35467, CA A35468.

720 P.2d 1326 (1986)

80 Or.App. 107

STATE of Oregon, Appellant, v. Jackie Lynn ALBERT, Respondent. STATE of Oregon, Appellant, v. Michael Gene STEELE, Respondent.

Court of Appeals of Oregon.

Decided June 18, 1986.

Attorney(s) appearing for the Case

Margaret E. Rabin, Asst. Atty. Gen., argued the cause for appellants. With her on brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and David L. Runner, Asst. Atty. Gen., Salem.

John Bourcier, Grants Pass, argued the cause and filed the brief for respondent.

Before GILLETTE, P.J. Pro Tem., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

In these consolidated cases, the state appeals separate orders of the trial court dismissing charges of driving while suspended (DWS). Former ORS 487.560.1 The trial court held, purportedly pursuant to State v. Tooley, 297 Or. 602, 687 P.2d 1068 (1984), that, when a driver's license is to be suspended...

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