State v. Sondenna

The state appeals from a pretrial order entered pursuant to ORS 136.120 denying its motion for a postponement of trial and dismissing with prejudice an indictment charging defendant with menacing, ORS 163.190 (a Class A misdemeanor); pointing a firearm at another, ORS 166.190 (an unclassified misdemeanor); and unlawful use of a weapon, ORS 166.220 (a Class C felony). We conclude that the trial court erred in dismissing the indictment and therefore reverse.

The charges arose out of a domestic dispute in which defendant allegedly attacked the victim, his former girlfriend, and threatened to kill…