STATE v. STEVENSON

DA 288693-8411; CA A36299.

718 P.2d 766 (1986)

79 Or.App. 164

STATE of Oregon, Respondent, v. Suzzette STEVENSON, Appellant.

Court of Appeals of Oregon.

Decided April 30, 1986.

Review Denied June 24, 1986.


Attorney(s) appearing for the Case

John P. Manning, Portland, argued the cause and filed brief for appellant.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause and filed brief for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr. Sol. Gen., Salem.

Before GILLETTE, P.J. Pro Tem. and VAN HOOMISSEN and YOUNG, JJ.


YOUNG, Judge.

Defendant appeals her conviction for prostitution, a class A misdemeanor. ORS 167.007. The issue is whether it was error to deny her motion to dismiss on the ground that the present action is barred because the complaint was "refiled" in violation of ORS 135.670. We reverse.

In 1983, defendant was charged with prostitution in violation of section 14.36.065 of the Portland City Code. In October 1984, her demurrer was allowed, and the case was...

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