State v. Hardt

The state petitions for reconsideration, see ORAP 10.10(1), of our decision in State v. Hardt, 81 Or App 607, 726 P2d 953 (1986). The state argues (1) that we misread City of Pendleton v. Standerfer, 297 Or 725, 688 P2d 68 (1984), and State v. Grenvik, 291 Or 99, 628 P2d 1195 (1981), and (2) that, even if the two 1980 driving while suspended (DWS) convictions were invalid, we nonetheless erred in affirming the trial court’s dismissal of the indictment.

First, we did not “misread” Standerfer and Grenvik. We refused to consider the state’s argument based on those cases, because the state failed…