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STATE v. JIM

CR 99-089; A107059

37 P.3d 241 (2002)

178 Or. App. 553

STATE of Oregon, Respondent, v. Lester Ray JIM, Appellant.

Court of Appeals of Oregon.

Decided January 9, 2002.

Attorney(s) appearing for the Case

Daniel M. Carroll, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Janet A. Klapstein, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

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

LANDAU, P.J.

Defendant, a member of the Yakima Indian Nation, challenges the authority of the state to prosecute him for driving offenses committed on a public road in Celilo Indian Village, an area of Wasco County that is held in trust by the federal government for three different tribes. Defendant demurred to the charges, arguing that Celilo Indian Village should be regarded as part of the Warm Springs Reservation, an area over which the state lacks criminal jurisdiction...

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