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STATE v. WEESE

(98-7165; CA A107747)

10 P.3d 293 (2000)

169 Or. App. 581

STATE of Oregon, Appellant, v. John Kerry WEESE, Respondent.

Court of Appeals of Oregon.

Decided August 30, 2000.

Attorney(s) appearing for the Case

David J. Amesbury, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Meredith Allen, Deputy Public Defender, argued the cause for respondent. With her on the brief was David E. Groom, Public Defender.

Before HASELTON, Presiding Judge, and WOLLHEIM, Judge, and WARREN, Senior Judge.

PER CURIAM.

The state appeals from the trial court's pretrial order dismissing with prejudice a charge of reckless endangerment of highway workers. ORS 811.231. A detailed description of the circumstances attending the dismissal would benefit neither the bench nor bar. It suffices to say that there is no evidence in this record that the state's inability to proceed was the product of "inexcusable neglect" by the prosecutor, that defendant would suffer actual prejudice...

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