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STATE v. ROMERO

C071035179; A137858.

237 P.3d 887 (2010)

236 Or. App. 624

STATE of Oregon, Plaintiff-Appellant, v. Ernesto Alexander ROMERO, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 18, 2010.

Attorney(s) appearing for the Case

David B. Thompson, Senior Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Ryan T. O'Connor, Deputy Public Defender, argued the cause for respondent. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

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

BREWER, C.J.

The state appeals from a judgment dismissing with prejudice this prosecution for possession of methamphetamine, ORS 475.894(1). ORS 136.120; ORS 136.130. The dispositive issue is whether the court had authority to dismiss this case as a sanction for the state's lack of readiness to proceed to trial against defendant in a different case because the attendance of one of its witnesses in that case was not procured. Because the trial court lacked authority...

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