State v. Tron

The state appeals from the trial court’s granting of a defense motion dismissing charges against the defendant. Defendant was charged by information with escape in the first degree (ORS 162.165), assault in the second degree (ORS 163.175), and assault in the fourth degree (ORS 163.160). The trial court allowed a defense motion requiring the state to elect between the assault and escape charges. Contending it was not required to make the election, the state refused to proceed to trial and the charges were dismissed. We reverse and remand.

We have previously examined the issue before us in State…