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STATE v. WRIGHT

(99-1018; CA A106682)

999 P.2d 1220 (2000)

167 Or. App. 297

STATE of Oregon, Appellant, v. Keith Dee WRIGHT, Respondent.

Court of Appeals of Oregon.

Decided May 17, 2000.

Attorney(s) appearing for the Case

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

Elizabeth A. Baldwin, Astoria, argued the cause and filed the brief for respondent.

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

HASELTON, J.

The state appeals from an order sustaining a demurrer to an indictment as being insufficiently definite and certain. ORS 135.630(2); ORS 132.550(7).1 We conclude that order is appealable under ORS 138.060(1), and reverse.

Defendant was charged by a six-count indictment, which alleged as pertinent:

"COUNT 3

"ASSAULT IN THE FOURTH DEGREE

"ORS 163.160

"Class C Felony

"The...

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