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STATE v. ORIANS

(CC 0104-32903; SC S49163).

66 P.3d 468 (2003)

335 Or. 257

STATE of Oregon, Plaintiff-Adverse Party, v. Robert J. ORIANS, Defendant-Relator.

Supreme Court of Oregon.

Decided March 27, 2003.

Attorney(s) appearing for the Case

Stanley D. Gish, Portland, argued the cause and filed the brief for defendant-relator.

Kaye E. McDonald, Assistant Attorney General, Salem, argued the cause and filed the brief for plaintiff-adverse party. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.

GILLETTE, J.

In this mandamus proceeding, relator, a defendant in a criminal proceeding, asks this court to compel the trial judge to dismiss an indictment pursuant to a civil compromise under ORS 135.705, set out below. Relator argues that the trial judge had agreed that she would dismiss the indictment against him under certain conditions and that he has complied with those conditions. Because the trial judge now refuses to dismiss the indictment against relator...

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