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STATE EX REL JUV. DEPT. v. TYREE

9802-802581; A110664.

33 P.3d 729 (2001)

177 Or. App. 187

In the Matter of Joshua Lee Tyree, a Minor Child. STATE ex rel. JUVENILE DEPARTMENT OF MULTNOMAH COUNTY, Appellant, v. Joshua Lee TYREE, Respondent.

Court of Appeals of Oregon.

Decided October 10, 2001.

Attorney(s) appearing for the Case

Daniel J. Casey, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Thomas Hanrahan argued the cause for respondent. With him on the brief was Juvenile Rights Project, Inc.

Before LANDAU, Presiding Judge, and BREWER, Judge, and WARREN, Senior Judge.

BREWER, J.

The state appeals a juvenile court order setting aside an earlier judgment finding youth to be within the court's jurisdiction for acts, which, if committed by an adult, would have constituted first-degree rape, ORS 163.375. Along with that adjudication, the judgment also included dispositional provisions. The state argues that the court lacked statutory authority to set aside the adjudication. Youth contends that the juvenile court properly set aside the...

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