State v. Duffy, 576 P.2d 797

SCHWAB, C. J.

Here the trial court entered an order authorizing civil compromise and dismissed a criminal charge against the defendant. The state appeals, contending —and we hold correctly so — that a criminal charge based upon failure of a driver involved in an accident to leave his name and address is not a charge which can be dismissed on the basis of civil compromise. The civil compromise statute provides:

“When a defendant is charged with a crime punishable as a misdemeanor for which the person injured by the act constituting the crime has a remedy by civil action, the crime may be compromised * * *.” ORS 135.703. (Emphasis supplied.)

Failure to leave name and address, ORS 483.604, is not such an act.

Reversed and remanded.

Case Details

Case Name: State v. Duffy

Court Name: Court of Appeals of Oregon

Date Published: Apr 3, 1978

Citations: 576 P.2d 797; 33 Or. App. 301; 1978 Ore. App. LEXIS 3320; F 35413, CA 9483

Docket Number: F 35413, CA 9483

Court Abbreviation: Or. Ct. App.