Legal Opinion
State v. Carrillo
Oregon Supreme Court
Decided January 17, 1991No. TC 88-10-1553C, 88-10-1554C, 88-10-1555C CA A60754 (Control), CA A60755, CA A60756 SC S37221PublishedCited by 16 opinions
1Opinion of the CourtVan Hoomissen, J.
We allowed the state’s petition for review in this criminal case to determine whether the state may appeal from a trial court’s “judgment of acquittal” entered on a felony charge pursuant to ORS 136.130. 1 The Court of Appeals held that the state may not appeal. State v. Carrillo, 101 Or App 247, 790 P2d 1159 (1990). We affirm, but on different grounds.
Defendant was indicted for delivering marijuana for consideration, ORS 475.992(2)(a), a Class B felony. On November 22, 1988, he pleaded not guilty, and his trial was set for March 15,1989. On March 15,1989, defendant and his attorney appeared…
2Cases cited5 opinions
- Whipple v. HowserOregon Supreme Court · 1981
- State v. StoverOregon Supreme Court · 1975
- State v. McDonnellOregon Supreme Court · 1988
- State v. HattersleyOregon Supreme Court · 1983
- State v. CarrilloCourt of Appeals of Oregon · 1990
3Cited by16 opinions
- State v. MoellerCourt of Appeals of Oregon · 1991
- State v. ShawOregon Supreme Court · 2005
- State v. GalliganOregon Supreme Court · 1991
- State v. NixOregon Supreme Court · 2015
- Baugh v. Bryant Limited PartnershipsOregon Supreme Court · 1992
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