STATE v. BASTIAN, 67 Or. App. 530 (1984)

678 P.2d 780

STATE OF OREGON, Appellant, v. KENNETH CHARLES BASTIAN, Respondent.

DUC 5822; CA A29269Oregon Court of Appeals.Submitted on record and briefs March 8, 1984
Reversed and remanded April 4, 1984

Appeal from District Court, Washington County.

Michael J. McElligott, Judge.

Dave Frohnmayer, Attorney General, James E. Mountain, Jr., Solicitor General, and William F. Nessly, Jr., Assistant Attorney General, Salem, filed the brief for appellant.

Timothy M. Bowman, Hillsboro, appeared for respondent.

Before Joseph, Chief Judge, Richardson, Presiding Judge, and Newman, Judge.

PER CURIAM

Reversed and remanded for trial.

Page 531

PER CURIAM

Respondent confesses error. The trial judge erred in interpreting the initial order of dismissal as being intended to bar further prosecution of the charge against defendant See State v. Faulkner, 30 Or. App. 1027, 568 P.2d 714 (1977).

Reversed and remanded for trial.

Page 532