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State v. Garnier12/27/2000
as these, "the prosecution for one offense does not bar the subsequent prosecution for the other." ORS 153.810(1)(1997). Subsequent means "following in time" or "coming or being later than something else." Webster's Third New Int'l Dictionary, 2278 (unabridged ed 1993). A subsequent prosecution therefore necessarily follows an earlier prosecution. Given the legislature's use of the word "subsequent" in the statute, we conclude that the trial court erred in ruling that crimes and violations must be charged in the same charging instrument for purposes of ORS 153.810(1) (1997). ORS 153.810(1) (1997) provided an exception to the former jeopardy bar of ORS 131.515(2) under these circumstances. Cf. State v. Darlin, 122 Or App 172, 857 P2d 859 (1993) (reaching similar result in interpreting virtually identical statute concerning crimes and traffic infractions).
Reversed and remanded for trial.
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