State v. Hewitt

The majority holds that the trial court abused its discretion when it denied the state a continuance on the day of trial so that the state could attempt to appeal a pretrial order that (a) by statute was not appealable, and (b) under the Oregon Supreme Court’s decision in State v. Baker, 328 Or 355, 976 P2d 1132 (1999), was absolutely correct. The majority implicitly accepts that the state was wrong in every material respect in its legal position, and the trial court was correct in every material respect, but nonetheless somehow concludes that the state’s nonmeritorious refusal to go to trial…