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STATE v. SONDENNA

060601, A133119.

194 P.3d 817 (2008)

222 Or. App. 506

STATE of Oregon, Plaintiff-Appellant, v. Edwin Leroy SONDENNA, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 1, 2008.

Attorney(s) appearing for the Case

Susan G. Howe, Senior Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Alan D. Reynoldson argued the cause and filed the brief for respondent.

Before WOLLHEIM, Presiding Judge, and SERCOMBE, Judge, and RIGGS, Senior Judge.

SERCOMBE, J.

The state appeals from a pretrial order entered pursuant to ORS 136.120 denying its motion for a postponement of trial and dismissing with prejudice an indictment charging defendant with menacing, ORS 163.190 (a Class A misdemeanor); pointing a firearm at another, ORS 166.190 (an unclassified misdemeanor); and unlawful use of a weapon, ORS 166.220 (a Class C felony). We conclude that the trial court erred in dismissing the indictment and therefore reverse...

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