STATE of Oregon, Appellant,
v.
Robert J. JAMES, Respondent.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted August 27, 1998.
Decided April 14, 1999.
Attorney(s) appearing for the Case
Robert M. Atkinson, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General. With him on the reply brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.
Eric R. Johansen, Deputy Public Defender, argued the cause for respondent. With him on the brief were Sally L. Avera, Public Defender, and Kimi Nam, Deputy Public Defender.
Chin See Ming and Perkins Coie LLP filed a brief amicus curiae for ACLU Foundation of Oregon, Inc.
Before De MUNIZ, Presiding Judge, and DEITS, Chief Judge, and HASELTON, Judge.
Court of Appeals of Oregon.
De MUNIZ, P.J.
Defendant was charged with possession of a controlled substance, ORS 475.992(4), and the trial court dismissed the case before trial on the ground that defendant had been put in jeopardy twice for the same offense, in violation of Article I, section 12, of the Oregon Constitution and the Fifth Amendment to the United States Constitution. The state appeals from the order of dismissal. We reverse and remand....
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