Opinion · Court of Appeals of Oregon

State v. Gotham

75 Or. App. 36

Type
Opinion
Court
Court of Appeals of Oregon
Jurisdiction
Oregon
Date
1985-08-14
Topic
general

PER CURIAM The trial court dismissed defendant’s indictment for burglary in the first degree “in the furtherance of justice.” As the state points out, the order of dismissal does not set forth the reasons for dismissing the case as required by ORS 135.755.1 Reversed and remanded. ORS 135.755 provides: “The court may, either of its own motion or upon the application of the district attorney, and in furtherance of justice, order the proceedings to be dismissed; but in that case, the reasons of the dismissal shall be set forth in the order, which shall be entered in the journal.”

Citator

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PER CURIAM

The trial court dismissed defendant’s indictment for burglary in the first degree “in the furtherance of justice.” As the state points out, the order of dismissal does not set forth the reasons for dismissing the case as required by ORS 135.755.1

Reversed and remanded.

ORS 135.755 provides:

“The court may, either of its own motion or upon the application of the district attorney, and in furtherance of justice, order the proceedings to be dismissed; but in that case, the reasons of the dismissal shall be set forth in the order, which shall be entered in the journal.”