State v. Martin

The state appeals a trial court order dismissing Counts II and III of an indictment on grounds of former jeopardy.

Defendant was initially indicted for and convicted of conspiracy to commit robbery in the first degree. He moved for and was granted a new trial based upon newly discovered evidence, pursuant to ORS 17.610(4). Upon reindictment, defendant was charged with two additional counts arising out of the same transaction as the first: Count II, robbery in the first degree and Count III, theft in the first degree. Defendant’s motion to dismiss the additional counts was granted on the ground…