State v. Yos

Defendant was charged with reckless driving. ORS 487.550.1 The state appeals an order entered before trial dismissing the charging instrument because (1) defendant had entered into a civil compromise with the person whose auto he had struck and (2) dismissal would be “in furtherance of justice.” ORS 138.060(1). We affirm.

The court erred in dismissing the case “in furtherance of justice,” apparently pursuant to ORS 135.7552 (although the court did not specifically comply with that statute). The court’s rationale was that the “victim” would not appear to testify. There is no basis in this…