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STATE v. HARRISON

92-1041, 92-1042, 92-1043, 92-1050, 92-1052, 92-1064 and 92-1065; CA A75033 (Control), CA A75034, CA A75035, CA A75036, CA A75037, CA A75038 and CA A75039.

865 P.2d 482 (1993)

125 Or. App. 472

STATE of Oregon, Appellant, v. Michael HARRISON, Respondent. STATE of Oregon, Appellant, v. Peggy HARRISON, Respondent. STATE of Oregon, Appellant, v. Christopher CONNAWAY, Respondent. STATE of Oregon, Appellant, v. Leslie MOELLER, Respondent. STATE of Oregon, Appellant, v. Gary MOELLER, Respondent. STATE of Oregon, Appellant, v. Karla WARN, Respondent. STATE of Oregon, Appellant, v. George WARN, Respondent.

Court of Appeals of Oregon.

Decided December 22, 1993.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., argued the cause for appellant. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Elizabeth A. Baldwin, Astoria, argued the cause, for respondents and filed the brief for respondents Peggy Harrison and Gary Moeller.

Stephen L. Roman and Zafiratos & Roman, joined respondents Michael Harrison, Christopher Connaway, Leslie Moeller, Karla Warn and George Warn in the respondents' brief filed by Elizabeth A. Baldwin, Astoria.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

In these consolidated appeals, the state challenges the trial court's dismissal of the indictments charging defendants with various drug offenses. We reverse.

Defendants were previously indicted for substantially the same crimes in 1989 and 1990. They demurred successfully to those indictments. Pursuant to ORS 135.670, the trial court's orders sustaining the demurrers provided that the "State shall have 30 days in which to resubmit or refile...

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