State v. Lorenzo, 459 P.3d 268

The State charged Lorenzo with attempted third-degree assault constituting domestic violence; trial was set and the State subpoenaed the alleged victim (the stepfather).
At trial, the alleged victim failed to appear; the prosecutor informed the court and said the State was prepared to proceed.
Defendant moved to dismiss or continue, arguing he needed the victim present to confront and question him and that the victim’s absence prejudiced his defense.
The trial court concluded that, because victims have constitutionally protected rights and an "elevated status," a nonappearing victim is the functional equivalent of a party and granted dismissal under ORCP 55 G.
The State appealed, arguing that ORCP 55 G applies only when the nonappearing witness is a party, and a victim is not a party to a criminal prosecution.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ORCP 55 G authorizes dismissal of the State's charging instrument when a subpoenaed witness (the victim) does not appear	ORS 131.025 makes the State the plaintiff; ORCP 55 G applies only if the nonappearing witness is a party, which a victim is not; dismissal was improper	Victim has an "elevated status" under the Oregon Constitution and Victims' Rights Act and is a de facto party, so ORCP 55 G permits striking/dismissal	Reversed: ORCP 55 G applies only when the nonappearing witness is a party; a crime victim is not a party, so the rule did not authorize dismissal of the State's information

State v. Baker/Jay, 232 Or App 112, 221 P.3d 749 (Or. Ct. App. 2009) (ORCP 55 G intended to compel witness appearance or permit contempt--dismissing a case punishes the party issuing the subpoena)
State v. Pelham, 136 Or App 336, 901 P.2d 972 (Or. Ct. App. 1995) (only the State and defendant are parties in a criminal prosecution; victims and witnesses are not parties)
State v. Gaines, 346 Or 160, 206 P.3d 1042 (Or. 2009) (describes methodology for statutory interpretation)