State v. Lowery

Defendant appeals his conviction for possession of a controlled substance. He contends that his earlier plea of guilty to another charge barred prosecution of this charge under ORS 131.515(2). Alternatively, he contends that the trial court erred by denying an evidentiary hearing on his motion to dismiss. We affirm.

On April 16,1986, a police officer stopped the vehicle that defendant was operating. In a subsequent search, the officer seized a pistol from defendant’s back pocket and a vial containing what the officer believed to be methamphetamine. On Thursday, April 17,1986, the state filed a…