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STATE v. DALINE

99-1130; A107909

30 P.3d 426 (2001)

175 Or. App. 625

STATE of Oregon, Appellant, v. Paul M. DALINE, Respondent.

Court of Appeals of Oregon.

Decided August 8, 2001.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

William K. Sargent argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

WOLLHEIM, J.

The state appeals from a final order entered before trial that granted defendant's demurrer to Count I of an indictment. See ORS 138.060(1) (state may appeal from pretrial order dismissing accusatory instrument). We review for errors of law, ORS 138.220, and affirm.

The facts are not in dispute. Defendant was charged in a two-count indictment. Count I alleged possession of a controlled substance (PCS), ORS 475.992, and Count II alleged...

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