STATE v. MARSH

CF 93-0262; CA A82362.

888 P.2d 580 (1995)

132 Or.App. 416

STATE of Oregon, Appellant, v. James MARSH, Respondent.

Court of Appeals of Oregon.

Decided January 18, 1995.


Attorney(s) appearing for the Case

Ann Kelly, Asst. Atty. Gen., argued the cause for appellant. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Louis R. Miles, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

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


HASELTON, Judge.

The state appeals from an order dismissing the cause after the prosecution refused to participate in a court-ordered preliminary hearing. We reverse.

On March 1, 1993, the Umatilla County District Attorney charged defendant by information with unauthorized use of a motor vehicle, ORS 164.135, and the trial court scheduled a preliminary hearing. However, on April 14, 1993, before the preliminary hearing occurred, the state obtained a secret...

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