State v. Reetz

The state appeals the trial court’s dismissal of a charge of theft in the third degree. ORS 164.043. We reverse.

The facts are not disputed. Defendant was charged with theft in the third degree for shoplifting from a Shop N’Kart store in The Dalles on March 9,1995. Before the case came to trial, Shop N’Kart sent defendant a demand letter pursuant to ORS 30.875.1 The letter gave defendant until April 10,1995 to pay $107.67, and threatened a civil action if he did not comply with the demand. Defendant paid the amount on April 3, 1995. Defendant then moved to dismiss the criminal complaint on the…