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STATE v. SPENCER

DA335277; CA A44235.

744 P.2d 1009 (1987)

88 Or.App. 300

STATE of Oregon, Respondent, v. Robert G. SPENCER, Appellant.

Court of Appeals of Oregon.

Decided November 12, 1987.

Attorney(s) appearing for the Case

William Uhle, Portland, argued the cause and filed brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

PER CURIAM.

Defendant appeals from a trial court order which denied his motion to dismiss on the ground of former jeopardy. There is no judgment of conviction or any basis for an interlocutory appeal in this case. ORS 138.040. Defendant does not seek a writ of mandamus. See State ex rel. Wark v. Freerksen, 84 Or.App. 90, 733 P.2d 100 (1987). The order denying his motion is not appealable...

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