- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 04-23-2014
- Case #: A149541
- Judge(s)/Court Below: Haselton, C.J. for the Court; Wollheim, P. J.; and Schuman, S.J.
- Full Text Opinion
The State appealed the dismissal of multiple sexual abuse charges filed against Defendant and Defendant cross-appealed the trial court’s dismissal of his motion for dismissal on double jeopardy grounds. Defendant’s step-granddaughter alleged that he sexually molested her while she was living with him in August and September of 2005. Nearly 5 years later, Defendant was arrested and charged with sexually molesting a minor. After a first trial resulted in a mistrial, the State re-prosecuted and Defendant moved to dismiss based on preindictment delay and lack of speedy trial. In a separate motion, Defendant also sought dismissal on double jeopardy grounds. The trial court dismissed Defendant’s first motion but denied his second. The Court of Appeals affirmed and dismissed Defendant’s cross-appeal as moot. Affirmed.