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STATE v. HEISSER

200522450; A131308.

222 P.3d 719 (2009)

232 Or. App. 320

STATE of Oregon, Plaintiff-Respondent, v. David Linn HEISSER, aka David Linn Dauphine, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 9, 2009.

Attorney(s) appearing for the Case

Robin A. Jones, Senior Deputy Public Defender, argued the cause for appellant. With her on the briefs was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Jeremy Rice argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Stacie F. Beckerman, Assistant Attorney General.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and CARSON, Senior Judge.

WOLLHEIM, J.

The Lane County Grand Jury indicted defendant on four counts. The state and defendant plea bargained and agreed that defendant would enter guilty pleas to reduced charges. The court accepted defendant's plea petition and the matter was scheduled for sentencing. A dispute arose at sentencing that the parties could not resolve. The trial court, over defendant's objection, set aside defendant's guilty pleas pursuant to ORS 135.365 and set the case for trial...

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