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STATE v. ROMERO

070833871; A138124.

237 P.3d 894 (2010)

236 Or. App. 640

STATE of Oregon, Plaintiff-Respondent, v. Ernesto Alexander ROMERO, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 18, 2010.

Attorney(s) appearing for the Case

Ryan T. O'Connor, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

David B. Thompson, Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

BREWER, C.J.

Defendant appeals his convictions for unlawful use of a vehicle and possession of a stolen vehicle. In a single assignment of error, he challenges the trial court's order granting the state's motion to postpone the trial of this case on the ground that one of the state's witnesses had moved out of state and was unavailable for trial.1 As a sanction for the state's failure to procure the attendance of the witness, the trial...

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