State v. Pena

The state appeals from an order dismissing an information which also barred further prosecution of the case. The charge was for a Class C felony, first degree theft. ORS 164.055 (1) (a). ORS 138.060 (1) provides authority for such an appeal. The state contends the court exceeded its discretion in the order it made. The charging part of the information alleged:

“That said Bill Robert Pena and Sandra Lee Pena on the 14th day of May A.D. 1973, in the said County of Lincoln and State of Oregon, then and there being, and then and there acting together, did unlawfully and knowingly commit theft of

“[E…