STATE v. JAMES

85-2202-K; CA A35846.

717 P.2d 214 (1986)

78 Or.App. 433

STATE of Oregon, Appellant, v. Patrick Dennis JAMES, Respondent.

Court of Appeals of Oregon.

Argued and Submitted December 23, 1985.


Attorney(s) appearing for the Case

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

No appearance for respondent.

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


YOUNG, Judge.

The state appeals a trial court order dismissing a charge of driving while suspended (DWS). Former ORS 487.560(1).1 The trial court held that, under State v. Tooley, 297 Or. 602, 687 P.2d 1068 (1984), defendant was given inadequate notice of, and opportunity for, a presuspension hearing. We reverse and remand for trial.

On December 9,...

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