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STATE EX REL. SCHRUNK v. KEYS

A8610-06410; CA A45412.

776 P.2d 861 (1989)

97 Or.App. 65

STATE of Oregon, ex rel Michael D. Schrunk, District Attorney for Multnomah County, Oregon, Respondent, v. The Honorable William J. KEYS, Judge of the District Court of the State of Oregon for Multnomah County, and the District Court of the State of Oregon for Multnomah County, Appellants.

Court of Appeals of Oregon.

Decided June 14, 1989.

Attorney(s) appearing for the Case

Marc Sussman, Lake Oswego, argued the cause for appellants. With him on the brief was Cox, Peterson & Sussman, Lake Oswego.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Frank Gruber, Asst. Atty. Gen., Salem.

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

RICHARDSON, Presiding Judge.

Defendant, a district court judge, appeals from the circuit court's peremptory writ of mandamus, directing him to vacate his order allowing a new trial in a DUII case and to reinstate the judgment of conviction.1 We conclude that mandamus is not available to correct the error, if any, in defendant's ruling, and reverse.

In State ex rel. Haas v. Schwabe, 276 Or. 853

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