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STATE v. CERVANTES

05FE0735ST; A130129.

223 P.3d 425 (2009)

232 Or. App. 567

STATE of Oregon, Plaintiff-Appellant, v. Mary Lou CERVANTES, Defendant-Respondent.

Court of Appeals of Oregon, En Banc.

Resubmitted En Banc June 17, 2009.

Decided December 23, 2009.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Mary Shannon Storey, Deputy Public Defender, argued the cause for respondent. With her on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, SCHUMAN, ORTEGA, ROSENBLUM, SERCOMBE, Judges, and CARSON, Senior Judge.

BREWER, C.J.

In this pretrial appeal, the state assigns error to the trial court's allowance of defendant's demurrers to three charges: causing another person to ingest a controlled substance, former ORS 475.984 (2003), renumbered as ORS 475.908 (2005); unlawful application of a controlled substance to a minor, former ORS 475.986 (2003), renumbered as ORS 475.910 (2005); and recklessly endangering another person, ORS 163.195.

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