State ex rel. Sullivan v. Pierce

The state appeals from a judgment of dismissal pursuant to ORCP 21 A(3). ORS 19.010(1), 19.020. Because we conclude that the state failed to preserve dispositive claims of error for appeal, we affirm.

Defendant Steven James Pierce was convicted of racketeering under the Oregon Racketeer Influenced and Corrupt Organization Act (ORICO) and ordered to reimburse the state $42,846.25 for court and police investigation costs and attorney and witness fees. Six months after filing that criminal ORICO action, the state filed a civil ORICO action against defendant, seeking only “its cost of prosecution…