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STATE v. CRUZ

(T95124761; CA A99647)

979 P.2d 311 (1999)

159 Or. App. 610

STATE of Oregon, Respondent, v. Emilio Mangana CRUZ, Appellant.

Court of Appeals of Oregon.

Decided April 14, 1999.

Attorney(s) appearing for the Case

Anne Morrison, Deputy Public Defender, argued the cause for appellant. With her on the brief was Diane L. Alessi.

James R. George, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.

LINDER, J.

Following a guilty plea, defendant was convicted of the misdemeanor of giving false information to a police officer. ORS 162.385. On appeal, he contends that the case should have proceeded as a violation, rather than as a misdemeanor, because the prosecutor failed to comply with the requirements of former ORS 161.565(2).1 Under that statute, the prosecutor at arraignment must declare whether a misdemeanor charge will...

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