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STATE v. WARNER

9905-44488; A121246.

112 P.3d 464 (2005)

200 Or. App. 65

STATE of Oregon, Appellant, v. Scott A. WARNER, Respondent.

Court of Appeals of Oregon.

Decided June 1, 2005.

Attorney(s) appearing for the Case

Laura S. Anderson, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Anne Fujita Munsey, Deputy Public Defender, argued the cause for respondent. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before LANDAU, Presiding Judge, and ARMSTRONG, Judge, and DEITS, Judge pro tempore.

ARMSTRONG, J.

The state appeals from an order dismissing two counts of a three-count indictment against defendant. The trial court granted defendant's motion to dismiss charges of driving under the influence of intoxicants (DUII), ORS 813.010, and reckless driving, ORS 811.140, on former jeopardy grounds. We reverse.

The charges against defendant arose from a May 7, 1999, traffic accident in which he was involved.1 On that day...

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