STATE EX REL JUV. DEPT. v. EICHLER

9108-82565; CA A73625.

854 P.2d 493 (1993)

121 Or. App. 155

In the Matter of David Eichler, a Child. STATE of Oregon ex rel JUVENILE DEPARTMENT OF MULTNOMAH COUNTY, Appellant, v. David EICHLER, Respondent.

Court of Appeals of Oregon.

Decided June 16, 1993.


Attorney(s) appearing for the Case

Michael C. Livingston, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Gregg T. Sylvester, Portland, argued the cause and filed the brief for respondent.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.


RIGGS, Judge.

In this juvenile court proceeding, the state appeals the dismissal of its delinquency petition and the court's finding of jurisdiction on the basis of child's admission to a dependency petition. ORS 419.476(1). The state argues that the juvenile court erred because it acted before the facts alleged in the delinquency petition were adjudicated and thus denied the state its day in court on the ultimate issues of the case. Whether the juvenile court had...

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