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STATE v. HELLESON

No. 11624; CA 13878.

602 P.2d 1158 (1979)

43 Or.App. 463

The STATE of Oregon, Respondent, v. Richard Wayne HELLESON, Appellant.

Court of Appeals of Oregon.

Decided November 26, 1979.

Attorney(s) appearing for the Case

Deane Sterndale Bennett, Portland, argued the cause and filed the brief for appellant.

Edward E. Sites, Prineville, Deputy Dist. Atty., argued the cause and filed the brief for respondent.

Before TANZER, P.J., and THORNTON and CAMPBELL, JJ.

CAMPBELL, Judge.

The defendant was charged with driving under the influence of intoxicants in violation of ORS 487.540, and was found guilty by the Justice of the Peace. He filed a notice of appeal to the circuit court. Within the time allowed by ORS 53.090 to file a "transcript of the cause," the defendant filed with the clerk of the circuit court a set of papers which he claims was the original justice court file. The trial court, on the state's motion, dismissed...

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