822 P.2d 760

STATE OF OREGON, Respondent, v. ROBERT WAYNE FULLER, Appellant.

90CR2477; CA A67549Oregon Court of Appeals.Submitted on record and briefs December 19, 1991
Reversed and remanded with instructions to dismiss indictment January 22, 1992 Reconsideration denied April 15, 1992 Petition for review allowed August 25, 1992 (314 Or. 175) See later issue Oregon Reports

Appeal from Circuit Court, Coos County.

Richard L. Barron, Judge.

Sally L. Avera, Public Defender, and Jesse Wm. Barton, Deputy Public Defender, Salem, filed the brief for appellant.

Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, Salem, filed the brief for respondent.

Before Richardson, Presiding Judge, and Deits and Durham, Judges.

PER CURIAM

Reversed and remanded with instructions to dismiss indictment. State v. Andrade-Torres, 109 Or. App. 153, 817 P.2d 296 (1991).

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