State v. McGilchrist

We allowed defendant’s petition to review the reversal of an order of the district court that dismissed an assault charge against defendant as barred by a former prosecution based on the same criminal episode. ORS 131.515(2).1 We take the facts from the opinion of the Court of Appeals:

“Defendant was charged in the district court of Clackamas County with assault in the fourth degree on January 27, 1981, and was served on February 12, 1981, with a uniform traffic citation charging her in Milwaukie Municipal Court with driving under the influence of intoxicants. Both offenses occurred on January…