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STATE v. PANDURO

050229CR; A131833.

197 P.3d 1111 (2008)

224 Or. App. 180

STATE of Oregon, Plaintiff-Appellant, v. Gerardo Reyes PANDURO, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 3, 2008.

Attorney(s) appearing for the Case

Kaye E. McDonald, 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.

Bronson D. James, Deputy Public Defender, argued the cause for respondent. With him on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.

BREWER, C.J.

In this criminal case, the state appeals from the trial court's denial of its motion in limine to admit evidence of defendant's uncharged misconduct. OEC 404(3); ORS 138.060(1)(c). Defendant has moved to dismiss the state's appeal, arguing that his deportation has rendered the case moot and that permitting the state to pursue the appeal will deny him rights to a speedy trial and to counsel. On the merits...

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