State v. Page

A charging instrument must show on its face that the requirements of ORS 132.560 have been met for a demur to be denied. State v. Poston, 277 Or App 137, 370 P3d 904 (2016).

Defendant appealed the conviction entered after a conditional no-contest plea for possession of methamphetamine, felon in possession of a firearm, distribution of marijuana to a minor, felon in possession of a restricted weapon, and endangering the welfare of a minor. Defendant assigned error to the trial court for denying his demurrer. Defendant argued that the trial court erred by denying demurrer because the indictment did not meet the standards set under ORS 132.560, which requires that specific conditions be set forth when multiple similar offenses are charged. In response, the State argued that there are no requirements for joining similar charges under ORS 132.560. A charging instrument must show on its face that the requirements of ORS 132.560 have been met for a demur to be denied. State v. Poston, 277 Or App 137, 370 P3d 904 (2016). The Court held that the charging instrument did not meet the requirements of ORS 132.560. Therefore, Defendant should have been granted demur and Defendant may decide to withdraw their no-contest plea or not. Reversed and Remanded.