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STATE v. PETERSON

04112356; A129224.

215 P.3d 897 (2009)

229 Or. App. 546

STATE of Oregon, Plaintiff-Appellant, v. Michael Gene PETERSON, Defendant-Respondent.

Court of Appeals of Oregon.

Decided July 15, 2009.

Attorney(s) appearing for the Case

Robert M. Atkinson, Assistant Attorney General, argued the cause for appellant. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Kaye E. McDonald, Senior Assistant Attorney General.

David Ferry, Deputy Public Defender, argued the cause for respondent. With him on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Before HASELTON, Presiding Judge, and ROSENBLUM, Judge, and DEITS, Senior Judge.

HASELTON, P.J.

The state appeals from a judgment that dismissed the indictment with prejudice and acquitted defendant of all charges when the state was unable to proceed to trial as scheduled. ORS 136.120; ORS 136.130.1 The state contends that the trial court abused its discretion in entering a dismissal with prejudice, rather than, as the state had requested, without prejudice. As explained below, we conclude that, because the statute...

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