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STATE v. STOUGH

C 90-11-36347; CA A94010.

939 P.2d 652 (1997)

148 Or. App. 353

STATE of Oregon, Appellant, v. Breland M. STOUGH, Respondent.

Court of Appeals of Oregon.

Decided June 11, 1997.

Attorney(s) appearing for the Case

Janet A. Klapstein, 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.

David C. Degner, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

EDMONDS, Judge.

Defendant was charged by an indictment returned in 1991 with possession of 0.03 grams of heroin. At a pre-trial release hearing in 1996, the trial court dismissed the charge sua sponte under ORS 135.755.1 The state appeals, and we reverse.

According to the information elicited at the release hearing, defendant was with a group of men in the Old Town section of Portland on November 7, 1990, when the police...

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