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STATE ex rel. GLODE v. BRANFORD

954397; CA A92910.

945 P.2d 1058 (1997)

149 Or. App. 562

STATE of Oregon, ex rel. Daniel S. GLODE, District Attorney for Lincoln County, Appellant, v. Honorable Thomas O. BRANFORD, Judge of the District Court of the State of Oregon for Lincoln County, Respondent, and Halray Maynard Harman, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided September 10, 1997.

Attorney(s) appearing for the Case

Janet A. Klapstein, Assistant Attorney General, argued the cause for appellant. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Steven H. Gorham, Salem, argued the cause and filed the brief for intervenor-respondent.

No appearance for respondent Honorable Thomas O. Branford.

Before DEITS, C.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

The state appeals an order dismissing the petition for an alternative writ of mandamus filed by the state on behalf of the Lincoln County District Attorney. We reverse.

The action underlying the mandamus proceeding was a charge of driving under the influence of intoxicants (DUII) after intervenor Harman (Harman) was arrested by Waldport Police Chief Johnson in June 1993. Harman's attorney filed a...

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