State v. Gatzke

Defendant appeals his conviction for driving a motorcycle without a motorcycle indorsement, a Class B traffic infraction, in violation of former ORS 482.192. The issue is whether the trial which led to his conviction was barred by a previous dismissal of the charge under ORS 136.130, which provides:

“If the court orders the accusatory instrument to be dismissed and the instrument charges a felony or Class A misdemeanor, the order is not a bar to another action for the same crime unless the court so directs. If the court does so direct, judgment of acquittal shall he entered. If the accusatory…