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STATE v. ROMANOV

0210-51848; A124556.

149 P.3d 1224 (2006)

210 Or. App. 198

STATE of Oregon, Appellant, v. Yevgeniy ROMANOV, Respondent.

Court of Appeals of Oregon.

Decided December 27, 2006.

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 Mary H. Williams, Solicitor General.

Erin Galli Rohr argued the cause for respondent. With her on the brief was Chilton, Ebbett & Rohr, LLC.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and MAURER, Judge pro tempore.

ARMSTRONG, J.

Defendant was charged with misdemeanor driving under the influence of intoxicants (DUII), ORS 813.010; reckless driving, ORS 811.140; resisting arrest, ORS 162.315; recklessly endangering another person, ORS 163.195; and assault in the fourth degree, ORS 163.160. The state appeals from a pretrial order dismissing the fourth degree assault charge against defendant. The trial court based its decision on the doctrine of issue preclusion, concluding that...

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