- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 07-23-2014
- Case #: A151520
- Judge(s)/Court Below: Haselton, C.J., for the Court; Duncan, P.J.; and Wollheim, J.
- Full Text Opinion
The State appealed the dismissal of criminal charges against Defendant, stating that the trial court erred in granting dismissal. The trial court stated it lacked authority under ORS 162.370(9)(a) to order involuntary administration of medication so as to restore Defendant's competence to stand trial. The trial court reasoned that, to be able to do a Sell analysis for court ordered medication treatment, authority first needs to be granted by statute or rule. During the appeal process, the Oregon Supreme Court decided State v. Lopes (355 OR 72, 322 P3d 512) which held that "ORS 161.370 grants trial authority to commit defendants to hospitals for treatment that is designed to restore their trial competency" and that, "[b]y implication, that statute also grants trial courts authority to issue Sell orders when necessary to enable hospitals to provide that treatment. " 335 OR at 89. The Court agrees that, in light of the subsequent Lopes decision, the trial court erred. Vacated and remanded.