STATE v. JOHNSON

(98-1275; CA A104954)

17 P.3d 1087 (2001)

172 Or. App. 29

STATE of Oregon, Appellant, v. Michaela Annmarie JOHNSON, Respondent.

Court of Appeals of Oregon.

Decided January 17, 2001.


Attorney(s) appearing for the Case

Jennifer S. Lloyd, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Susan Fair Drake, Deputy Public Defender, argued the cause for respondent. With her on the brief was David E. Groom, Public Defender.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.


LINDER, J.

In this criminal case, the state appeals a pretrial order dismissing one count of an indictment that charged defendant with two counts of felony assault in the third degree. We review for legal error and reverse.

Defendant was involved in a traffic accident in which, while allegedly driving under the influence of alcohol, she ran a stop sign, collided with the victim's car, and caused physical injury. Ten...

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