State v. Halling

The state appeals from an order which dismissed two indictments. The first charged defendant with burglary I, ORS 164.225, and hindering prosecution. ORS 162.325. The second alleged a separate charge of hindering prosecution. Both indictments were dismissed on the basis of a finding of prosecutorial vindictiveness. Because we find that the trial court applied the proper standard, we affirm.

This case arises out of an incident in which defendant allegedly fired a gun into the body of a man who had already died from other bullet wounds inflicted by defendant’s accomplice. Defendant is also…