State v. Winnop

The state appeals the trial court’s order dismissing with prejudice two informations charging defendant with three counts of fourth-degree assault and one count of harassment. The trial court denied the state’s motion for a one-hour delay in the commencement of trial and concluded that the state was unprepared to proceed at the scheduled time set for trial. It dismissed the case under ORS 136.120 and ORS 136.130. We review the order for abuse of discretion, State v. Dupree, 164 Or App 413 (1999), rev den, 330 Or 361 (2000), and reverse.

We begin with the relevant procedural facts. This is a…