State v. Gunder

The state appeals the trial court’s pretrial order dismissing with prejudice a charge of driving under the influence of intoxicants (DUII). The dismissal was entered after the court denied the state’s motion for a postponement of trial because of the unavailability of an essential witness. We conclude that we have jurisdiction, State v. Freeman, 127 Or App 640, 873 P2d 1107 (1994), and that the court abused its discretion in entering the dismissal with prejudice. State v. Daniel, 98 Or App 695, 697-98, 780 P2d 784, rev den 308 Or 660 (1989). Accordingly, we reverse and remand.

Defendant was…