Court of Appeals of Oregon August 8, 2001, 99-1130; A107909 (State v. Daline)

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WOLLHEIM, J.

The state appeals from a final order entered before trial that granted defendant’s demurrer to Count I of an indictment.

See

ORS 138.060(1) (state may appeal from pretrial order dismissing accusatory instrument). We review for errors of law, ORS 138.220, and affirm.

The facts are not in dispute. Defendant was charged in a two-count indictment.