State v. Daniel

The state appeals an order dismissing an information charging defendant with the crime of public indecency, ORS 163.465, for exposing himself to a passing motorist on Interstate 5. We reverse and remand.

On the day set for trial in this case, the deputy district attorney told the court that the complaining witness was not available to testify on that day. She explained that the witness was a traveling sales representative from Snohomish, Washington, that she had made several attempts to contact her and that, although the witness returned her calls during the week before trial, she had not been…