State v. Binh Thi Thanh Ha

The state appeals from the trial court’s dismissal of a complaint charging defendant with theft in the second degree. ORS 164.045. The charge resulted from defendant’s alleged shoplifting at a department store. After defendant was charged, the store management demanded and received payment from her pursuant to ORS 30.875. She moved to dismiss the charge on the ground that her payment to the store “represents a civil compromise” under ORS 135.703 to 135.709. The trial judge agreed and exercised his discretion to dismiss the charge. ORS 135.705(1). We do not agree that a theft victim’s…