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  5. 776 P.2d 863 (1989)
 

STATE EX REL. SCHRUNK v. JOHNSON

A8603-01477, A8603-01478; CA A43829 (Control), CA A43830.

776 P.2d 863 (1989)

97 Or.App. 420

THE STATE OF OREGON, ex rel. Michael D. Schrunk, District Attorney for Multnomah County, State of Oregon, Appellant, v. The Honorable Nely JOHNSON, Judge of the District Court of the State of Oregon for Multnomah County, and the District Court of the State of Oregon for Multnomah County, Respondents. The State of Oregon, ex rel. Michael D. Schrunk, District Attorney for Multnomah County, State of Oregon, Appellant, v. The Honorable Nely Johnson, Judge of the District Court of the State of Oregon for Multnomah County, and the District Court of the State of Oregon for Multnomah County, Respondents.

Court of Appeals of Oregon.

Decided July 5, 1989.

Reconsideration Denied August 18, 1989.

Review Denied September 19, 1989.

Attorney(s) appearing for the Case

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Lawrence Matasar, Portland, argued the cause for respondents. With him on the brief was Hoffman, Matasar & Glaeser, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

State appeals denials of its petitions for writs of mandamus and prohibition, sought to prevent the defendant judge from enforcing an order for a new trial. We reverse and remand with instructions to issue the writ of mandamus and to dismiss the petition for writ of prohibition.

On August 5, 1985, a jury returned a verdict of guilty in State v. Diane Englestad, Multnomah County District Court Case No. DA 294978-8503. On January 13, 1986...

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