State v. Peterson

The state appeals from a judgment that dismissed the indictment with prejudice and acquitted defendant of all charges when the state was unable to proceed to trial as scheduled. ORS 136.120; ORS 136.130. 1 The state contends that the trial court abused its discretion in entering a dismissal with prejudice, rather than, as the state had requested, without prejudice. As explained below, we conclude that, because the statute of limitations for the charged offenses expired during the pendency of this appeal, the resolution of this dispute would be without practical effect in that any refiled…