Opinion
10-90-05327A; CA A68722
Argued and submitted March 31, 1992
Reversed with instruction to dismiss indictment April 22, 1992 Respondent's motion for reconsideration allowed by opinion October 14, 1992 See 115 Or. App. 538 (1992)
Appeal from Circuit Court, Lane County.
Jack L. Mattison, Judge.
Peter Gartlan, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.
Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Warren, Presiding Judge, and Riggs and Edmonds, Judges.
Reversed with instruction to dismiss indictment. State v. Andrade-Torres, 109 Or. App. 153, 817 P.2d 296 (1991).