State v. King

Defendant pleaded guilty to second-degree assault and no contest to first-degree robbery in accordance with an oral plea agreement reached with the state. Six months later, the victim died because of his injuries from the assault, and then the state began another prosecution against defendant: for felony murder and manslaughter. As a consequence of the plea agreement, the trial court granted defendant’s pretrial motion to dismiss the indictment and dismissed the case. The state appeals the dismissal order. See ORS 138.060(2)(b) (state may appeal order dismissing accusatory instrument; if…