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STATE v. FORE

Nos. 99C56483, 00C45246; A111606.

62 P.3d 400 (2003)

185 Or. App. 712

STATE of Oregon, Appellant. v. Richard Todd FORE, Respondent.

Court of Appeals of Oregon.

Decided January 15, 2003.

Attorney(s) appearing for the Case

Laura S. Anderson, Assistant Attorney General, argued the cause for appellant. With her on the brief was Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Louis R. Miles, Deputy Public Defender, argued the cause for respondent. With him on the brief was David E. Groom, Public Defender.

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

DEITS, C.J.

The state appeals a pretrial order dismissing an indictment. ORS 138.060(1). We reverse.

The facts are undisputed. On November 19, 1999, defendant was working on an inmate road crew in Marion County. Defendant ran away from the road crew. His departure was reported at 9:47 a.m. At 10:08 a.m., three blocks away, a cleaning company reported seeing a company van being driven away without permission. At 7:38 p.m., in Josephine County, defendant was...

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