State v. Carrillo

Defendant has moved to dismiss the state’s appeal from a judgment of acquittal entered on a Class B felony charge on the ground that there is no authority for the state to appeal. The trial court ordered dismissal of the accusatory instrument pursuant to ORS 136.120 1 and directed entry of a judgment of acquittal pursuant to ORS 136.130. 2 The state’s appeal is purportedly taken under ORS 138.060(1):

“The state may take an appeal from the Circuit Court or the District Court to the Court of Appeals from:

“(1) An order made prior to trial dismissing or setting aside the accusatory instrument.”

Defe…