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STATE v. PANKO

88-1122; CA A50110.

788 P.2d 1026 (1990)

101 Or.App. 6

STATE of Oregon, Appellant, v. Mikel Cain PANKO, Respondent.

Court of Appeals of Oregon.

Decided March 21, 1990.

Attorney(s) appearing for the Case

Thomas H. Denney, 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.

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for respondent. With her on the brief was Gary D. Babcock, Public Defender, Salem.

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

RICHARDSON, Presiding Judge.

Defendant was charged by indictment with two counts of driving while his license was suspended. The court granted his motion to suppress evidence that he was suspended, ruling that the stop of his vehicle was unlawful. The court also dismissed the indictment, pursuant to ORS 136.120. The state appeals both orders. ORS 138.060(1) and (3). We reverse.

The facts are not disputed. The arresting police officer was the only witness....

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