State v. Daline

The state appeals from a final order entered before trial that granted defendant’s demurrer to Count I of an indictment. See ORS 138.060(1) (state may appeal from pretrial order dismissing accusatory instrument). We review for errors of law, ORS 138.220, and affirm.

The facts are not in dispute. Defendant was charged in a two-count indictment. Count I alleged possession of a controlled substance (PCS), ORS 475.992, and Count II alleged driving under the influence of intoxicants (DUII), ORS 813.010. Count I of the indictment alleged that “[t]he said defendant, on or about January 31, 1999, * *…