Court of Appeals of Oregon, 1985

State v. Gotham

State v. Gotham
Court of Appeals of Oregon · Decided August 14, 1985 · Newman, Richardson
75 Or. App. 36; 704 P.2d 1156; 1985 Ore. App. LEXIS 3514

State v. Gotham

Opinion of the Court

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.”

Case-law data current through December 31, 2025. Source: CourtListener bulk data.