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STATE v. PEEKEMA

(CC96C-21139; CC96C-21145; SC S44997)

976 P.2d 1128 (1999)

328 Or. 342

STATE of Oregon, Plaintiff-Relator, v. George Thomas PEEKEMA, Defendant-Adverse Party. State of Oregon, Plaintiff-Relator, v. Stevens Equipment Company, Defendant-Adverse Party.

Supreme Court of Oregon.

Decided March 25, 1999.

Attorney(s) appearing for the Case

Kaye E. Sunderland, Assistant Attorney General, Salem, argued the cause and filed the brief for plaintiff-relator. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Joseph D. Robertson, Garrett, Hemann, Robertson, Paulus, Jennings & Comstock, P.C., Salem, argued the cause and filed the brief for defendants-adverse parties.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, LEESON, and RIGGS, Justices.

LEESON, J.

A jury convicted defendants-adverse parties (defendants) of the misdemeanor offenses of unlawful disposal of hazardous waste in the second degree and unlawful storage of hazardous waste in the second degree. The issue in this original proceeding in mandamus is whether the trial court erred in granting defendants' post-verdict motion to dismiss those charges. For the reasons that follow, we conclude that the trial court lacked authority to dismiss the charges...

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