State v. Edwards

The state appeals from a pretrial order suppressing evidence, arguing that the trial court erred by basing the order solely on the prosecutor’s failure to appear at the time set for the omnibus hearing. Because our decision turns on the interpretation of a statute — ORS 135.037, set out below — we review for errors of law. State v. Fox, 165 Or App 289, 291, 995 P2d 1193 (2000). We vacate the order and remand.

Defendant was charged with reckless endangerment and assault stemming from an automobile accident that injured two pedestrians. Before trial, she moved to suppress evidence that she had…