State v. Thayer

In this criminal case, the state appeals a pretrial order dismissing the accusatory instrument on the ground that the same case previously had been dismissed. The state argues that, because the case previously had been dismissed without prejudice, it was not precluded from refiling the information. We agree with the state and reverse and remand.

On March 21, 1997, defendant was charged by information with recklessly endangering another person. ORS 163.195. Trial was set for May 14, 1997. When the prosecution did not appear on the date of trial, Judge Sawyer orally dismissed the information. He…