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STATE v. RAMEY

B68-150; CA A42846.

749 P.2d 1219 (1988)

89 Or.App. 535

STATE of Oregon, Appellant, v. Scott W. RAMEY, Respondent.

Court of Appeals of Oregon.

Decided February 10, 1988.

Reconsideration Denied March 25, 1988.

Review Denied April 18, 1988.

Attorney(s) appearing for the Case

Charlene Woods, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Michael D. Linick, Eugene, argued the cause and filed the brief, for respondent.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Under ORS 138.060(1), the state appeals a trial court order that dismissed its complaint against defendant insofar as it accuses him of criminal trespass in the first degree. ORS 164.255. The complaint charged that defendant

"on or about the 28th day of January, 1986, in the county aforesaid, did unlawfully and knowingly enter and remain in the dwelling located at 635 `E' Street, # B, Springfield, Oregon."

The parties stipulated that...

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