State v. Allbritton

Defendant was charged with a misdemeanor in district court. A trial began in district court, but the court terminated it midway through the proceedings when it discovered an order of the presiding judge requiring misdemeanors to be tried in circuit court. Defendant then was tried and convicted in circuit court. He now appeals, contending that, among other things, requiring him to stand trial a second time for the same misdemeanor violated the double jeopardy prohibitions in the state and federal constitutions. We agree and reverse.

On November 16, 1994, defendant was charged by Oregon Uniform…