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STATE v. ROEDER

0410-53281; A128412.

147 P.3d 363 (2006)

209 Or. App. 199

STATE of Oregon, Appellant, v. David P. ROEDER, Respondent.

Court of Appeals of Oregon.

Decided November 8, 2006.

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.

William Uhle, Portland, argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.

HASELTON, P.J.

The state appeals from a pretrial order dismissing charges against defendant of driving under the influence of intoxicants (DUII), ORS 813.010, and reckless driving, ORS 811.140. See ORS 138.060(1) (state may appeal order dismissing accusatory instrument). The trial court granted defendant's motion to dismiss the charges on former jeopardy grounds because defendant previously had been acquitted of a violation concerning his refusal to take a...

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