State v. Cruz

Following a guilty plea, defendant was convicted of the misdemeanor of giving false information to a police officer. ORS 162.385. On appeal, he contends that the case should have proceeded as a violation, rather than as a misdemeanor, because the prosecutor failed to comply with the requirements of former ORS 161.565(2). Under that statute, the prosecutor at arraignment must declare whether a misdemeanor charge will be prosecuted as a misdemeanor or as a violation. If the declaration is not made, the case must proceed as a violation. State v. Bonnin, 144 Or App 263, 926 P2d 830 (1996).

We do…