Opinion
DUC 5822; CA A29269
Submitted on record and briefs March 8, 1984
Reversed and remanded April 4, 1984
Appeal from District Court, Washington County.
Michael J. McElligott, Judge.
Dave Frohnmayer, Attorney General, James E. Mountain, Jr., Solicitor General, and William F. Nessly, Jr., Assistant Attorney General, Salem, filed the brief for appellant.
Timothy M. Bowman, Hillsboro, appeared for respondent.
Before Joseph, Chief Judge, Richardson, Presiding Judge, and Newman, Judge.
PER CURIAM
Reversed and remanded for trial.
Respondent confesses error. The trial judge erred in interpreting the initial order of dismissal as being intended to bar further prosecution of the charge against defendant. See State v. Faulkner, 30 Or. App. 1027, 568 P.2d 714 (1977).
Reversed and remanded for trial.