STATE v. NELSON

(T 98-06-6969; CA A104310)

999 P.2d 1161 (2000)

166 Or. App. 189

STATE of Oregon, Appellant, v. William NELSON, Respondent.

Court of Appeals of Oregon.

Decided March 15, 2000.


Attorney(s) appearing for the Case

Kaye E. McDonald, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Robert J. McCrea argued the cause for respondent. On the brief were Robynne A. Whitney and McCrea, P.C, Eugene.

Before HASELTON, Presiding Judge, and WOLLHEIM and BREWER, Judges.


HASELTON, P.J.

The state appeals from the trial court's dismissal of an information charging defendant with driving under the influence of intoxicants (DUII), ORS 813.010, and reckless driving. ORS 811.140. The trial court dismissed the charges based on its conclusion that the district attorney's decision to file the DUII and reckless driving charges was "vindictive prosecution" because it was "in response" to defendant's rejection of a plea bargain on an assault...

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