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STATE v. MOLINE

882293; CA A50336.

800 P.2d 299 (1990)

104 Or.App. 173

STATE of Oregon, Respondent, v. John William MOLINE, Appellant.

Court of Appeals of Oregon.

Decided October 24, 1990.

Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

DEITS, Judge.

Defendant appeals his conviction for failure to perform the duties of a driver to an injured person. ORS 811.705. The issue is whether it was error to deny his motion to dismiss on the ground that this action is barred, because the indictment was not refiled in conformance with ORS 135.670. We affirm.

In December, 1987, defendant was charged with failing to perform the duties of a driver to an injured person. On May 10, 1988, the trial court...

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