City of Lebanon v. Milburn

The City of Lebanon appeals from an order of the circuit court directing the city to return defendant’s dog Sam after defendant was acquitted of second-degree animal abuse. See ORS 133.653(2) (providing for appeal of an order to return things seized). The acquittal occurred in a second trial on the charge. In a prior trial, defendant had been convicted of the charge in the Lebanon Municipal Court. Premised on that conviction, the municipal court ordered Sam forfeited. Defendant appealed the judgment of conviction to the circuit court, the case was tried anew, and, ultimately, defendant was…