State v. Davis

The state appeals an order dismissing a four-count indictment charging defendant with one count of third-degree assault, ORS 163.165, two counts of misdemeanor fourth-degree assault, ORS 163.160, and one count of driving under the influence of intoxicants (DUII), ORS 813.010. The trial court dismissed the indictment and ordered the case transferred to juvenile court on the ground that it lacked jurisdiction because defendant was 17 years of age when he committed the acts giving rise to the charges. The state contends that, although defendant may have been 17 when he committed those acts, he…