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STATE v. SUMMERS

CF85-0563; CA A91587.

948 P.2d 754 (1997)

151 Or. App. 301

STATE of Oregon, Appellant, v. Warren Douglas SUMMERS, Respondent.

Court of Appeals of Oregon.

Decided November 19, 1997.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

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

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LANDAU, Judge.

The state appeals an order dismissing this case on the ground of untimely prosecution. Defendant pleaded guilty to first-degree burglary, but was not sentenced for ten years. Defendant contends that the appeal itself should be dismissed, because the order is not appealable. We agree and dismiss the appeal.

On November 26, 1985, defendant was charged in Umatilla County with first-degree burglary and theft. Pursuant to plea negotiations, on December...

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