State v. Gruhlke

Defendant appeals her conviction, upon a conditional guilty plea, for driving under the influence of intoxicants, ORS 813.010. She argues that the trial court erred in denying her demurrer to the indictment. For the reasons that follow, we reverse and remand.

The indictment, which issued on November 1, 2004, alleged the crime to have occurred on or about April 20,2002. Although the indictment had the word “amended” handwritten on it, it did not allege any facts that would demonstrate that the state commenced the prosecution within the two-year statute of limitations applicable here. ORS…