STATE v. HAGEY

No. 78-07043; CA 11723.

590 P.2d 753 (1979)

38 Or.App. 487

STATE of Oregon, Appellant, v. Marcia Louise HAGEY, Respondent.

Court of Appeals of Oregon.

Decided February 20, 1979.


Attorney(s) appearing for the Case

J. Pat Horton, Dist. Atty., and Frank R. Papagni, Jr., Asst. Dist. Atty., Eugene, filed the brief for appellant.

Robert A. Miller and Lively & Wiswall, Springfield, filed the brief for respondent.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.


RICHARDSON, Judge.

The state appeals an order dismissing a charge of reckless driving on the ground of former jeopardy. The issue is whether the state filed a timely motion to consolidate the reckless driving charge with a charge of driving under the influence of intoxicants (DUII).

On May 5, 1977, defendant was arrested and charged with DUII. The charge of reckless driving was filed on February 24, 1978. The parties agree that both charges arose out of the...

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