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STATE v. SUNNAFRANK

93CR2544FE; CA A88218.

921 P.2d 428 (1996)

142 Or. App. 590

STATE of Oregon, Appellant, v. Timothy SUNNAFRANK, Respondent.

Court of Appeals of Oregon.

Decided August 21, 1996.

Attorney(s) appearing for the Case

Robert M. Atkinson, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

David E. Groom, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before RIGGS, P.J., and LANDAU and HASELTON, JJ.

PER CURIAM.

The state appeals from the trial court's dismissal of this matter as being barred by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution and by Article I, section 12, of the Oregon Constitution. The state argues, and defendant concedes, that United States v. Ursery, ___ U.S. ___, 116 S.Ct. 762, 133 L.Ed.2d 707 (1996), compels reversal of the trial court's disposition, which was based solely on pre-Ursery federal...

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