State v. Knutsen

The state appeals from a pretrial order suppressing evidence in a prosecution for driving under the influence of intoxicants, ORS 487.540. Defendant first argues that we have no jurisdiction because there was no appeal from the order of dismissal.

After hearing, the trial court ordered the evidence suppressed and the case dismissed. The order was in the form of a notation on the back of the citation dated October 17, 1978. On October 31, a separate order suppressing the same evidence but making no reference to dismissal was signed and entered. On November 15, the state filed notice of appeal…