Opinion
93CR2544FE; CA A88218
Argued and submitted May 30, reversed and remanded August 21, 1996
Appeal from Circuit Court, Douglas County.
Robert C. Millikan, Judge.
Robert M. Atkinson, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.
David E. Groom, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.
Before Riggs, Presiding Judge, and Landau and Haselton, Judges.
PER CURIAM
Reversed and remanded.
The state appeals from the trial court's dismissal of this matter as being barred by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution and by Article I, section 12, of the Oregon Constitution. The state argues, and defendant concedes, that United States v. Ursery, ___ US ___, 116 S Ct 762, 133 L Ed 2d 707 (1996), compels reversal of the trial court's disposition, which was based solely on pre- Ursery federal authority. We agree. See, e.g., Umatilla County v. $18,005 in U.S. Currency, 142 Or. App. 513, 921 P.2d 426 (1996); State v. Vettrus, 142 Or. App. 359, 922 P.2d 673 (1996).
Reversed and remanded.