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STATE v. BURSS

89CR0433TM; CA A67651.

833 P.2d 1300 (1992)

113 Or. App. 494

STATE of Oregon, Respondent, v. Robert F. BURSS, Appellant.

Court of Appeals of Oregon.

Decided June 24, 1992.

Reconsideration Denied October 28, 1992.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, Salem, argued the cause and filed the brief for appellant.

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Defendant appeals his conviction, assigning as error the denial of his motion to dismiss. We reverse.

Defendant was indicted in Deschutes County on June 6, 1989. Approximately one week later, he was arrested in Washoe County, Nevada, and a hold was placed on him based on the Deschutes County charges. Subsequently, he was convicted on unrelated charges and sentenced to serve time in a Nevada penitentiary.

On April 3, 1990, while...

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