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STATE v. BURTON

91-C-20511; CA A69982.

834 P.2d 477 (1992)

114 Or. App. 84

STATE of Oregon, Appellant, v. Ronald Daniel BURTON, Respondent.

Court of Appeals of Oregon.

Decided July 8, 1992.

Attorney(s) appearing for the Case

Louis R. Miles, Salem, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender, Salem.

Jonathan H. Fussner, 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.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

ROSSMAN, Judge.

The state appeals a pretrial order sustaining defendant's demurrer to the first count of an information1 that charged him with failure to perform the duties of a driver, ORS 811.705, referred to as "felony hit and run." We affirm.

The count charged defendant with being the driver of a vehicle involved in an accident that resulted in the "immediate death" of a victim. It alleged that defendant unlawfully failed to...

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