State v. Jalo

The defendant assigns as error: (1) the denial of his request for a jury trial on his motion to dismiss for former jeopardy, (2) the denial of his motion to dismiss for former jeopardy, and (3) the exclusion of the testimony set forth by the majority.

I note that the majority does not expressly deal with the defendant’s first assignment of error. However, I agree with the clear implication of its opinion that the question of whether defendant was formerly placed in jeopardy is a question of law for the trial court rather than a question of fact for the jury. ORS 135.470(1); Commentary,…