State v. Potter

The state appeals an order of the trial court dismissing assault charges against defendant on the basis that the charges were barred by former jeopardy. Defendant was charged in a single indictment with one count of attempted second-degree assault, ORS 163.175; two counts of felony fourth-degree assault, ORS 163.16CK3); 1 and one count of contempt of court for violating a restraining order, ORS 33.015. At the state’s request, the contempt charge was bifurcated from the others and tried to the court. Defendant was convicted of that charge. He then moved to dismiss the assault charges on former…