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STATE v. REETZ

M95-77; CA A89387.

920 P.2d 568 (1996)

142 Or. App. 421

STATE of Oregon, Appellant, v. Eric Lee REETZ, Respondent.

Court of Appeals of Oregon.

Decided July 31, 1996.

Attorney(s) appearing for the Case

Katherine H. Waldo, Assistant Attorney General, argued the cause for appellant. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Raoul Hutchens, Hood River, argued the cause for respondent. With him on the brief was Morris, Bofferding & Spinhirne.

De MUNIZ, Judge.

The state appeals the trial court's dismissal of a charge of theft in the third degree. ORS 164.043. We reverse.

The facts are not disputed. Defendant was charged with theft in the third degree for shoplifting from a Shop N'Kart store in The Dalles on March 9, 1995. Before the case came to trial, Shop N'Kart sent defendant a demand letter pursuant to ORS 30.875.1 The letter gave defendant until April 10, 1995 to...

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