2015 ORS 135.757¹
Nolle prosequi
  • discontinuance by district attorney

The entry of a nolle prosequi is abolished, and the district attorney cannot discontinue or abandon a prosecution for a crime, except as provided in ORS 135.755 (Dismissal on motion of court or district attorney). [Formerly 134.160]

See also annota­tions under ORS 134.160 in permanent edi­tion.

Notes of Decisions

Dismissal of a misdemeanor charge in district court in order to consolidate it with a felony charge arising from the same transac­tion is possible and is no bar to further pro­ceed­ings on the misdemeanor charge, notwithstanding this sec­tion. State v. Leverich, 14 Or App 222, 511 P2d 1265 (1973), affd 269 Or 45, 522 P2d 1390 (1974)


1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.