State v. Maricich

Defendant was charged with escape in the second degree. ORS 162.155. Before trial, he moved to dismiss the charge on the ground of former jeopardy, arguing that his probation on an earlier conviction had been revoked for the same alleged conduct. The trial court granted the motion, and the state appeals. We reverse.

The laws governing double jeopardy protect defendants from more that one criminal prosecution for the same criminal offense. Article I, section 12, of the Oregon Constitution provides that “[n]o person shall be put in jeopardy twice for the same offence [sic] * * *.” ORS 131.515…