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STATE v. BERRY

No. S-90-0309.

799 P.2d 1131 (1990)

The STATE of Oklahoma, Appellant, v. Danny Alvin BERRY, Appellee.

Court of Criminal Appeals of Oklahoma.

October 22, 1990.

Attorney(s) appearing for the Case

Tom Gruber, Dist. Atty., Clint Ward, Asst. Dist. Atty., Woodward, for appellant.

Gary L. Mitchel, Mitchel, Gaston & Mitchel, Woodward, for appellee.

OPINION

LANE, Vice Presiding Judge:

The State of Oklahoma, by and through the District Attorney's Office for Woodward County, has brought the instant action seeking review pursuant to 22 O.S. Supp. 1989, § 1089.1 of an order dismissing charges in Case No. CRF-89-187 entered by the magistrate following preliminary examination. The State properly appealed to the District Court for Woodward County which denied...

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