STATE v. THAYER

97-3125-C; CA A99900.

974 P.2d 699 (1999)

158 Or. App. 440

STATE of Oregon, Appellant, v. Don Wade THAYER, Respondent.

Court of Appeals of Oregon.

Decided February 17, 1999.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Laurance W. Parker, Medford, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.


LANDAU, P.J.

In this criminal case, the state appeals a pretrial order dismissing the accusatory instrument on the ground that the same case previously had been dismissed. The state argues that, because the case previously had been dismissed without prejudice, it was not precluded from refiling the information. We agree with the state and reverse and remand.

On March 21, 1997, defendant was charged by information with recklessly endangering another person...

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