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STATE v. SPENCER/FENNER

91CR1573FE; CA A81978, 92-CR-470; CA A80193.

881 P.2d 154 (1994)

130 Or. App. 158

STATE of Oregon, Respondent, v. Dennis Ken SPENCER, Appellant. STATE of Oregon, Respondent, v. Shannon T. FENNER, Appellant.

Court of Appeals of Oregon.

September 7, 1994.

Attorney(s) appearing for the Case

Peter Gartlan, Deputy Public Defender, for motion, in 91CR1573FE; CA A81978.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Timothy A. Sylwester, Asst. Atty. Gen., contra, in 91CR1573FE; CA A81978.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Timothy A. Sylwester, Asst. Atty. Gen., for motion, in 92-CR-470; CA A80193.

John C. Babin and Babin & Keusink, P.C., Brookings, contra, in 92-CR-470; CA A80193.

Before RIGGS, P.J., and De MUNIZ and LANDAU, JJ.

De MUNIZ, Judge.

In State v. Spencer (CA A81978), defendant moves, pursuant to ORS 138.071(4),1 for leave to file a delayed notice of appeal from a conditional discharge. ORS 475.245.2 The state opposes the motion, arguing that a conditional discharge is not an appealable judgment or order. It makes the same argument in support of its motion to dismiss defendant...

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