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STATE v. ONUSKANICH

C86-02-30782; CA A40488.

739 P.2d 1062 (1987)

86 Or.App. 454

STATE of Oregon, Appellant, v. Daniel P. ONUSKANICH, Respondent.

Court of Appeals of Oregon.

Decided July 22, 1987.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

YOUNG, Judge.

Defendant was charged with being an ex-convict in possession of a firearm. ORS 166.270. The state appeals from an order dismissing the indictment and from an order suppressing defendant's statements. The order of dismissal was entered after the state was unable to proceed with the prosecution because of the suppression of the statements. The issue is whether defendant's "Miranda rights" were violated.1 We reverse....

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