State v. Romanov

Defendant was charged with misdemeanor driving under the influence of intoxicants (DUII), ORS 813.010; reckless driving, ORS 811.140; resisting arrest, ORS 162.315; recklessly endangering another person, ORS 163.195; and assault in the fourth degree, ORS 163.160. The state appeals from a pretrial order dismissing the fourth-degree assault charge against defendant. The trial court based its decision on the doctrine of issue preclusion, concluding that, because the court’s previous determination that defendant was eligible for a diversion agreement on the DUII charge necessarily included a…