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STATE v. GUNDER

96-7090; CA A95587.

964 P.2d 265 (1998)

154 Or. App. 332

STATE of Oregon, Appellant, v. David J. GUNDER, Respondent.

Court of Appeals of Oregon.

Decided June 10, 1998.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Margaret H. Leek Leiberan, Portland, argued the cause for respondent. With her on the brief were Leiberan & Gazeley and John H. Tuthill.

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

HASELTON, Judge.

The state appeals the trial court's pretrial order dismissing with prejudice a charge of driving under the influence of intoxicants (DUII). The dismissal was entered after the court denied the state's motion for a postponement of trial because of the unavailability of an essential witness. We conclude that we have jurisdiction, State v. Freeman, 127 Or.App. 640, 873 P.2d 1107<...

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