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STATE v. WINNOP

MI051392; MI052122; A134169.

197 P.3d 588 (2008)

224 Or. App. 338

STATE of Oregon, Plaintiff-Appellant, v. Richard Steven WINNOP, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 3, 2008.

Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Anna M. Joyce, Assistant Attorney General, filed the brief for appellant.

No appearance for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

The state appeals the trial court's order dismissing with prejudice two informations charging defendant with three counts of fourth-degree assault and one count of harassment. The trial court denied the state's motion for a one-hour delay in the commencement of trial and concluded that the state was unprepared to proceed at the scheduled time set for trial. It dismissed the case under ORS 136.120 and ORS 136.130. We review the order for abuse of discretion...

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