STATE v. GONZALES

No. DA 188328-7912; CA A20126.

641 P.2d 42 (1982)

56 Or.App. 17

STATE of Oregon, Respondent, v. Jesse Fernando GONZALES, Appellant.

Court of Appeals of Oregon.

Decided February 22, 1982.

Reconsideration Denied April 13, 1982.


Attorney(s) appearing for the Case

David L. Slader, Portland, argued cause and filed brief for appellant.

Virginia L. Linder, Asst. Atty. Gen., Salem, argued cause for respondent. With her on brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.


RICHARDSON, Presiding Judge.

The issue in this case is whether a prosecution for a misdemeanor in district court is barred after a felony charge based on the same incident has been submitted to and a "not true bill" returned by the grand jury. Defendant's motion to dismiss the misdemeanor complaint was denied. We affirm.

Defendant was arrested and charged with rape in the first degree by a district attorney's information filed in the district court. Prior...

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