State v. Van Hoomissen

Defendant was convicted of the misdemeanor of public indecency in a trial to the court on stipulated facts. ORS 163.465. He appeals and contends that the court erred in failing to dismiss the charge pursuant to ORS 135.703, after he entered into a civil compromise with the complainant. As we held in State v. Dugger, 73 Or App 109, 698 P2d 491 (1985), ORS 135.703 permits civil compromise and dismissal of misdemeanors “for which the person injured by the act constituting the crime has a remedy by a civil action;” it applies only if the crime charged necessarily has only a discrete victim or…