State v. Schilz

This is a proceeding under the Habitual Traffic Offender Act, ORS 484.700 to 484.750. On December 27, 1977, a complaint to declare defendant a habitual traffic offender was filed by the district attorney in Multnomah County Circuit Court. The state appeals from an order of the trial court dismissing the complaint on the ground that:

"* * * [j]n thg absence of actual notice to defendant, notification of the warning letter pursuant to ORS 482.715 must be by certified mail, return receipt requested, addressee only, regardless [of] whether the letter was mailed before or after July 1, 1976.”

On May…