State v. Garnier

The state appeals from an order dismissing charges against defendant of fourth-degree assault, ORS 163.160, and recklessly endangering another person, ORS 163.195. Defendant moved to dismiss the indictment on the ground that statutory former jeopardy provisions barred the prosecution, because he previously had been cited for maintaining a dog as a nuisance in violation of ORS 609.095, based on the same events. The trial court granted defendant’s motion. On appeal, we reverse.

On December 19,1997, defendant was issued a citation for maintaining a dog as a nuisance. The citation specified that…