State v. Sprague

SCHWAB, C. Jo,

specially concurring.

Defendant contends that a criminal nonsupport prosecution for any period prior to May 30, 1975, the date of defendant’s first nonsupport trial, is barred on *629the grounds of former jeopardy. ORS 131.515(2) sets out a three-part test establishing a statutory former jeopardy rule:

"No person shall be separately prosecuted for two or more offenses [1] based upon the same criminal episode, [2] if the several offenses are reasonably known to the appropriate prosecutor at the time of commencement of the first prosecution and [3] establish proper venue in a single…