Legal Opinion

State v. Johnson

Court of Appeals of Oregon

Decided October 24, 1984No. 10-82-04090; CA A30390PublishedCited by 3 opinions

1Opinion of the CourtWarden, J.

This is a state’s appeal from the dismissal of a charge of driving while under the influence of intoxicants (DUII). We affirm.

Defendant was charged by a single indictment with the crimes of driving while suspended or revoked (DWS), ORS 487.560, and driving while under the influence of intoxicants, ORS 487.540. The two crimes were alleged to have occurred during the same act or transaction. The state did not contest defendant’s motion to sever the two counts for trial, and the trial court granted the motion. The parties then proceeded to trial on the DWS charge, and the jury returned a verdict…

2Cases cited10 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. Sealfon v. United StatesSupreme Court of the United States · 1948
  3. State v. BoydOregon Supreme Court · 1975
  4. State v. ButtreyOregon Supreme Court · 1982
  5. State of Oregon v. DeweyOregon Supreme Court · 1956

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Hale v. BellequeCourt of Appeals of Oregon · 2013
  2. McCallum v. StateCourt of Special Appeals of Maryland · 1990
  3. State v. McAllisterCourt of Appeals of Oregon · 1985

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