STATE v. DIVITO

TC9512218; A112224

42 P.3d 918 (2002)

180 Or. App. 156

STATE of Oregon, Appellant, v. Claudia DIVITO, Respondent.

Court of Appeals of Oregon.

Decided March 13, 2002.


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.

John Henry Hingson III, Oregon City, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.


BREWER, J.

The state appeals a pretrial order holding that it committed a discovery violation under ORS 135.815 in defendant's prosecution for driving under the influence of intoxicants.1 The state assigns error to the trial court's rejection of documents offered as an exhibit at a hearing relating to the asserted violation, its finding of a discovery violation, and its exclusion of a witness as a sanction. We reverse and remand.

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