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STATE EX REL. PENN v. NORBLAD

SC S42357.

918 P.2d 426 (1996)

323 Or. 464

STATE ex rel. Dale W. PENN, Plaintiff-Relator, v. Albin W. NORBLAD, Circuit Court Judge, Marion County, Defendant.

Supreme Court of Oregon, In Banc.

Decided June 27, 1996.

Attorney(s) appearing for the Case

Janet A. Metcalf, Assistant Attorney General, Salem, argued the cause for plaintiff-relator. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Tom C. Bostwick, Salem, argued the cause and filed the brief for defendant.

GRABER, Justice.

Relator Dale W. Penn, the District Attorney for Marion County, seeks a writ of mandamus to compel defendant, a circuit court judge, to (a) vacate a post-verdict judgment of dismissal in the case of State v. Vasquez-Hernandez, Marion County Circuit Court No. 94C-20467; (b) sentence Vasquez-Hernandez; and (c) enter judgment on the convictions obtained in that case. We conclude that the circuit court lacked authority to dismiss that case after...

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