State v. Goakey

Defendants were charged in justice court with criminal trespass (ORS 164.245), a Class C misdemeanor. In the justice court defendants’ demurrer, based on a claim that the citation did not sufficiently allege an offense, was sustained. The charge was dismissed. A letter from the judge granting 20 days to "refile” was attached to the order. The state filed a new complaint within the 20-day time period, but in district court. The district court allowed a second demurrer and dismissed the complaint, based on two reasons.

The court’s first rationale was:

"*** ['j’jhe State may not prosecute a…