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STATE v. MOCK

CF 85-312; CA A37405.

722 P.2d 42 (1986)

80 Or. App. 365

STATE of Oregon, Appellant, v. Gerald Clifton MOCK, Respondent.

Court of Appeals of Oregon.

Decided July 23, 1986.

Attorney(s) appearing for the Case

Kendall M. Barnes, 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.

Dennis A. Hachler, Pendleton, argued the cause and filed the brief for respondent.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

WARDEN, Presiding Judge.

The state appeals an order dismissing, with prejudice, a charge against defendant of felony driving while suspended. We hold that the trial judge abused his discretion and reverse.

The record indicates that the proceedings below were fraught with frustration and confusion, but it does not reveal grounds for dismissal of the charge. Trial commenced on August 27, 1985. During voir dire examination of potential jurors, a controversy...

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