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STATE v. GRAF

90-06-33472, 90-06-33473, 90-06-33474; CA A69280.

835 P.2d 934 (1992)

114 Or. App. 275

STATE of Oregon, Appellant, v. John GRAF, Respondent.

Court of Appeals of Oregon.

Decided July 22, 1992.

Reconsideration Denied November 4, 1992.

Review Denied November 24, 1992.

Attorney(s) appearing for the Case

Rives Kistler, 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.

Marc D. Blackman, Portland, argued the cause for respondent. With him on the brief was Ransom, Blackman & Weil, Portland.

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

BUTTLER, Presiding Judge.

The state appeals the trial court's pretrial dismissal of 2 of 3 indictments charging defendant with 5 counts of theft. We agree that the trial court erred and reverse and remand for further proceedings.

Defendant is an employee of the Department of Transportation (DOT). In April, 1990, he was interviewed by State Police detectives who were investigating possible wrongdoing at DOT. They told him that they had enough information to...

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