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STATE v. MARICICH

C 88-11-37800; CA A60741.

789 P.2d 701 (1990)

101 Or.App. 212

STATE of Oregon, Appellant, v. Bradford Jay MARICICH, Respondent.

Court of Appeals of Oregon.

Decided April 4, 1990.

Attorney(s) appearing for the Case

Meg Reeves, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Anthony David Bornstein, Metropolitan Public Defenders, Portland, argued the cause and submitted the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendant was charged with escape in the second degree. ORS 162.155. Before trial, he moved to dismiss the charge on the ground of former jeopardy, arguing that his probation on an earlier conviction had been revoked for the same alleged conduct. The trial court granted the motion, and the state appeals. We reverse.

The laws governing double jeopardy protect defendants from more than one criminal prosecution for the same criminal offense. Article...

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