STATE v. WHITMIRE

95102487; CA A93433.

947 P.2d 1133 (1997)

151 Or. App. 192

STATE of Oregon, Appellant, v. Billy Loren WHITMIRE, Respondent.

Court of Appeals of Oregon.

Decided November 5, 1997.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. On the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Judith Brant, Assistant Attorney General.

Kent Hickam, Albany, argued the cause and filed the brief for respondent.

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


ARMSTRONG, Judge.

The state appeals from the trial court's dismissal with prejudice an indictment charging defendant with being a felon in possession of a firearm. We conclude that the trial court abused its discretion by ordering dismissal with prejudice, and, accordingly, we reverse.

The relevant facts are undisputed. The grand jury indicted defendant for being a felon in possession of a firearm. ORS 166.270. On the day of the trial, before the jury was...

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