State v. Strance

Defendant was charged with falsifying business records, ORS 165.080, and forgery, ORS 165.007. He filed a pre-trial motion to dismiss the state’s complaint on the ground that he was immune from prosecution under ORS 471.770. 1 The trial court granted defendant’s motion. The state appeals, and we affirm.

The relevant facts are not in dispute. Defendant was certified by the Oregon Liquor Control Commission (OLCC) to operate an alcohol server education program. On August 31, 1987, OLCC notified defendant that it proposed to cancel his certification on the ground that he had falsified certain…