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STATE v. HILLIGOSS

(B685278; CA A106852)

7 P.3d 583 (2000)

168 Or. App. 285

STATE of Oregon, Appellant, v. Colby J. HILLIGOSS, Respondent.

Court of Appeals of Oregon.

Decided June 7, 2000.

Attorney(s) appearing for the Case

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

Robert G. Thuemmel, Portland, argued the cause for respondent. With him on the brief was Thuemmel & Uhle.

Before HASELTON, Presiding Judge, and LINDER and KISTLER, Judges.

HASELTON, P.J.

The state appeals from the trial court's pretrial order dismissing with prejudice a charge of driving under the influence of intoxicants (DUII). ORS 136.120; ORS 136.130.1 The dismissal was entered after the court denied the state's motion for either a postponement of trial because of the unavailability of an essential witness or dismissal without prejudice pursuant to ORS 136.120...

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