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STATE v. VASQUEZ-HERNANDEZ

(94C-20467; CA A95499)

977 P.2d 400 (1999)

159 Or. App. 64

STATE of Oregon, Appellant, v. Hector VASQUEZ-HERNANDEZ, Respondent.

Court of Appeals of Oregon, En banc.

Resubmitted on February 3, 1999.

Decided March 17, 1999.

Attorney(s) appearing for the Case

Janet A. Metcalf, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Diane L. Alessi, Chief Deputy Public Defender, argued the cause for respondent. With her on the brief was Sally L. Avera, Public Defender.

Before DEITS, Chief Judge, and EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, BREWER, Judges, and WARREN, Senior Judge.

Resubmitted En Banc on February 3, 1999.

EDMONDS, J.

The state appeals the trial court's judgment dismissing this case under ORS 135.755 after the jury had found defendant guilty of attempted aggravated murder and related offenses. The state also challenges the court's previous order granting defendant a new trial. ORS 136.535. We hold that the order granting a new trial is not reviewable on appeal. However, we conclude that the trial court abused its discretion...

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