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STATE v. MALETTA

CF880309; CA A49687.

781 P.2d 350 (1989)

98 Or.App. 643

STATE of Oregon, Appellant, v. Thomas Carman MALETTA, Respondent.

Court of Appeals of Oregon.

Decided October 11, 1989.

Attorney(s) appearing for the Case

Brenda J. Peterson, 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.

David E. Groom, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Defendant was charged with kidnapping, rape, murder and three counts of aggravated murder. The state appeals the trial court's dismissal of the aggravated murder charges, ORS 138.060(1), for which capital punishment is a possibility. The basis for the dismissal was that defendant was not represented at his preliminary hearing by an attorney qualified under the State Court Administrator's standards to represent indigent defendants in capital or other...

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