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STATE v. JOHNSEN

96NB1336; CA A95345.

945 P.2d 1064 (1997)

149 Or. App. 711

STATE of Oregon, Appellant, v. Gloria Jean JOHNSEN, Respondent.

Court of Appeals of Oregon.

Decided September 10, 1997.

Attorney(s) appearing for the Case

Kaye E. Sunderland, Assistant Attorney General, argued the cause for appellant.

With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Walter J. Ledesma, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before De MUNIZ, P.J., HASELTON, J., and RICHARDSON, Senior Judge.

HASELTON, Judge.

The state appeals from an order dismissing its accusatory instrument charging defendant with theft in the second degree. ORS 164.045. We reverse and remand.

On September 23, 1996, defendant was charged with theft in the second degree for allegedly "committing theft of the property of Fred Meyer, the total value of property stolen being between $50.00 and $750.00." On October 17, defendant filed a pretrial motion to dismiss "on the grounds...

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