State v. Lantz

*697RICHARDSON, J.

The state appeals an order dismissing an indictment charging defendant with sodomy in the first degree, ORS 163.405. Following a pretrial omnibus hearing, ORS 135.037, the court held that Betty Windom, a state’s witness, was not competent to testify. The court further held, pursuant to ORS 163.475, that evidence concerning the victim’s prior sexual conduct was admissible. The state did not appeal either ruling but declined to proceed further and submitted an order of dismissal. The order was granted and the state appeals. ORS 138.060. Defendant’s motion to dismiss the appeal was…