State v. Rudder

Defendant was charged in Coos County District Court with menacing, a Class A misdemeanor. ORS 163.190. The state appeals a pretrial order granting defendant’s motion to dismiss on the ground that the district court lacked jurisdiction. We affirm.

The issue here arises from the 1993 amendment to ORS 161.635, in which the legislature increased the maximum fine for Class A misdemeanors from $2,500 to $5,000. Or Laws 1993, ch 680, § 30. The legislature did not, however, amend ORS 46.040, the jurisdictional statute for district court, which provides:

“District courts shall have the same criminal and…