State v. Boyd

The Court of Appeals affirmed the dismissal of an indictment charging defendant with criminal activity in drugs (ORS 167.207) on the ground that prosecution was barred under our decision in State v. Brown, 262 Or 442, 497 P2d 1191 (1972) because of a prior prosecution of defendant for theft (OES 164.055). We allowed the petition for review in this case in order to attempt a clarification of the meaning of the phrase “same act or transaction” employed in State v. Brown, and the phrase “same criminal episode” found in OES 131.515 (2).

The facts of this case are undisputed. During January of…