State v. Thomas

*189JOHNSON, J.

The state appeals from a trial court order sustaining defendant’s demurrer to a uniform traffic citation and complaint. In our former opinion, we held that "[a]n order which merely sustains a demurrer and does not dismiss or set aside the complaint is not an appealable order under ORS 157.091 [sic — 157.081] and ORS 138.060.” 32 Or App at 187. We were in error.

ORS 138.060 provides in part:

"The state may take an appeal from the circuit court to the Court of Appeals from:

"(1) An order made prior to trial dismissing or setting aside the accusatory instrument;

"* * * * (Emphasis…