State v. Romero

The state appeals from a judgment dismissing with prejudice this prosecution for possession of methamphetamine, ORS 475.894(1). ORS 136.120; ORS 136.130. The dis-positive issue is whether the court had authority to dismiss this case as a sanction for the state’s lack of readiness to proceed to trial against defendant in a different case because the attendance of one of its witnesses in that case was not procured. Because the trial court lacked authority to dismiss this case for that reason, we reverse and remand.

While this case was pending before the trial court, defendant was the subject of…