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STATE v. CARRILLO

TC 88-10-1553C, 88-10-1554C, 88-10-1555C; CA A60754 (Control), CA A60755, CA A60756; SC S37221.

804 P.2d 1161 (1991)

311 Or. 61

STATE of Oregon, Petitioner on Review, v. David CARRILLO, Respondent on Review.

Supreme Court of Oregon.

Decided January 17, 1991.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

Marc Blackman, Portland, argued the cause for the respondent on review.

Before PETERSON, C.J., and CARSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ.

VAN HOOMISSEN, Justice.

We allowed the state's petition for review in this criminal case to determine whether the state may appeal from a trial court's "judgment of acquittal" entered on a felony charge pursuant to ORS 136.130.1 The Court of Appeals held that the state may not appeal. State v. Carrillo, 101 Or.App. 247, 790 P.2d 1159 (1990). We affirm, but on...

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