State v. Talbert

Defendant appeals a judgment of conviction for failure to perform the duties of a driver to injured persons, ORS 811.705, 1 on the ground of double jeopardy because he formerly had pleaded guilty to failure to perform the duties of a driver when property is damaged, ORS 811.700(1)(a). 2 We review the trial court’s decision as a matter of law, ORS 138.220, and affirm.

The facts are undisputed. On November 3, 1995, defendant was driving northbound on Highway 217 and collided with two other northbound cars. Both cars were damaged, and one of the drivers, Taylor, was injured. Defendant drove away…