Legal Opinion
State v. Gutierrez
Court of Appeals of Oregon
Decided September 27, 2000No. 98071603FA; CA A106961PublishedCited by 8 opinions
1Opinion of the CourtHaselton, P. J.
The state appeals from the trial court’s pretrial order dismissing with prejudice felony charges of burglary in the first degree, ORS 164.275, robbery in the first degree, ORS 164.415, robbery in the second degree, ORS 164.405, and assault in the second degree, ORS 163.175. The state contends that the court acted sua sponte in ordering the dismissal with prejudice and that there was no legal or factual ground for such a dismissal. We agree and reverse and remand for entry of an order of dismissal without prejudice.
Defendant’s trial was scheduled pursuant to the 60-day rule, ORS 136.290, for…
2Cases cited12 opinions
- Ailes v. Portland Meadows, Inc.Oregon Supreme Court · 1991
- Davis v. O'BRIENOregon Supreme Court · 1995
- State v. DeCampCourt of Appeals of Oregon · 1999
- J. Arlie Bryant, Inc. v. Columbia River Gorge CommissionCourt of Appeals of Oregon · 1995
- McDougal v. GriffithCourt of Appeals of Oregon · 1998
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. Department of Human Services v. M. A.Court of Appeals of Oregon · 2009
- State v. HammondCourt of Appeals of Oregon · 2008
- State v. DalineCourt of Appeals of Oregon · 2001
- State v. PhillipsCourt of Appeals of Oregon · 2010
- Datt v. HillCourt of Appeals of Oregon · 2008
3 more not listed; retrieve them via the Exa API.