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STATE v. GUTIERREZ

(98071603FA; CA A106961)

11 P.3d 690 (2000)

170 Or. App. 91

STATE of Oregon, Appellant, v. Jose Delgadillo GUTIERREZ, Respondent.

Court of Appeals of Oregon.

Decided September 27, 2000.

Attorney(s) appearing for the Case

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

Daniel M. Carroll, Deputy Public Defender, argued the cause for respondent. With him on the brief was David E. Groom, Public Defender.

Before HASELTON, Presiding Judge, and WOLLHEIM, Judge, and WARREN, Senior Judge.

HASELTON, P.J.

The state appeals from the trial court's pretrial order dismissing with prejudice felony charges of burglary in the first degree, ORS 164.275, robbery in the first degree, ORS 164.415, robbery in the second degree, ORS 164.405, and assault in the second degree, ORS 163.175. The state contends that the court acted sua sponte in ordering the dismissal with prejudice and that there was no legal or factual ground for such a dismissal. We agree and...

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