State v. Vasquez-Hernandez

WARREN, S. J.,

dissenting.

As the state points out in its brief, our decisions under ORS 135.755 are unusual because we nominally apply an abuse of discretion standard but, in fact, routinely reverse trial courts when they dismiss cases over the state’s objection. Our apparent presumption that a dismissal is reversible presents a stark contrast to the normally deferential nature *76of the abuse of discretion standard. See, e.g., State v. Stough, 148 Or App 353, 939 P2d 652, rev den 326 Or 58 (1997); State v. Sanchez, 136 Or App 329, 901 P2d 978, rev den 322 Or 362 (1995); State v. Hadsell, 129 Or…