State v. Johnsen

The state appeals from an order dismissing its accusatory instrument charging defendant with theft in the second degree. ORS 164.045. We reverse and remand.

On September 23,1996, defendant was charged with theft in the second degree for allegedly “committing theft of the property of Fred Meyer, the total value of property stolen being between $50.00 and $750.00.” On October 17, defendant filed a pretrial motion to dismiss “on the grounds of a civil compromise.” As evidence of the civil compromise, defendant attached a copy of a signed Fred Meyer receipt that read: “Civil penalty of $252.98 was…