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STATE v. POTTER

08112367D; A141927.

234 P.3d 1073 (2010)

236 Or. App. 74

STATE of Oregon, Plaintiff-Appellant, v. Ronnie Allan POTTER, Defendant-Respondent.

Court of Appeals of Oregon.

Decided June 23, 2010.

Attorney(s) appearing for the Case

Jennifer S. Lloyd, Attorney-in-Charge, Criminal Appeals, argued the cause for appellant. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Jedediah Peterson, 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 ARMSTRONG, Judge, and ROSENBLUM, Judge.

ARMSTRONG, J.

The state appeals an order of the trial court dismissing assault charges against defendant on the basis that the charges were barred by former jeopardy. Defendant was charged in a single indictment with one count of attempted second-degree assault, ORS 163.175; two counts of felony fourth-degree assault, ORS 163.160(3);1 and one count of contempt of court for violating a restraining order, ORS 33.015. At the state's request...

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