State v. Wolfs

Defendant appeals his conviction for being an ex-convict in possession of a firearm. ORS 166.270. He contends that the court erred by denying his motion to dismiss on former jeopardy grounds. We reverse.

At his first trial, after the state had rested, defendant moved for a “judgment of acquittal” on the ground that the indictment did not set out facts sufficient to establish a crime. The court granted that motion and issued an “Order of Judgment of Acquittal” acquitting defendant, but giving the state leave to resubmit the case. The state resubmitted the case under a new case number and…