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STATE v. GARNIER

(98-CR-1014; CA A106302)

16 P.3d 1175 (2000)

171 Or. App. 564

STATE of Oregon, Appellant, v. Michael Edward GARNIER, Respondent.

Court of Appeals of Oregon.

Decided December 27, 2000.

Attorney(s) appearing for the Case

Laura S. Anderson, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

No appearance, for respondent Michael Edward Garnier.

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

De MUNIZ, P.J.

The state appeals from an order dismissing charges against defendant of fourth degree assault, ORS 163.160, and recklessly endangering another person, ORS 163.195. Defendant moved to dismiss the indictment on the ground that statutory former jeopardy provisions barred the prosecution, because he previously had been cited for maintaining a dog as a nuisance in violation of ORS 609.095, based on the same events. The trial court granted defendant's motion...

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