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STATE v. PHON YOS

M399197; CA A31764.

691 P.2d 508 (1984)

71 Or.App. 57

STATE of Oregon, Appellant, v. PHON YOS, Respondent.

Court of Appeals of Oregon.

Decided November 21, 1984.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Douglas A. Edmunds, Portland, waived appearance for respondent.

Before GILLETTE, P.J., and VAN HOOMISSEN and ROSSMAN, JJ.

GILLETTE, Presiding Judge.

Defendant was charged with reckless driving. ORS 487.550.1 The state appeals an order entered before trial dismissing the charging instrument, because (1) defendant had entered into a civil compromise with the person whose auto he had struck and (2) dismissal would be "in furtherance of justice." ORS 138.060(1). We affirm.

The court erred in dismissing the case "in furtherance of justice," apparently...

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