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Oregon Revised Statutes

Or. Rev. Stat. § 135.755 (2026)

Dismissal on motion of court or district attorney

✓ current as of May 2026
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      135.755 Dismissal on motion of court or district attorney. The court may, either of its own motion or upon the application of the district attorney, and in furtherance of justice, order the proceedings to be dismissed. The reasons for the dismissal shall be set forth in the order, which shall be entered in the register. [Formerly 134.150; 1985 c.540 §35]

Notes of Decisions
Cited in 43 cases (1 in the last 5 years), 1974–2022 · leading case: State v. Vasquez-Hernandez, 977 P.2d 400 (Or. Ct. App. 1999).
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State v. Vasquez-Hernandez, 977 P.2d 400 (Or. Ct. App. 1999). · cites it 48× “The state appeals the trial court's judgment dismissing this case under ORS 135.755 after the jury had found defendant guilty of attempted aggravated murder and related offenses.”
State v. Garcia, 512 P.3d 839 (Or. Ct. App. 2022). · cites it 8× “Under ORS 135.755, “[t]he court may, either of its own motion or upon the application of the district attorney, and in the furtherance of justice, order the proceedings to be dismissed,”2 and it must set forth the reasons for the dismissal in its order.”
State Ex Rel. Penn v. Norblad, 918 P.2d 426 (Or. 1996). · cites it 15× “As noted, defendant judge purported to act under the authority of ORS 135.755. He likewise asserts to us that the statute authorizes his actions.”
State v. Hadsell, 878 P.2d 444 (Or. Ct. App. 1994). · cites it 10× “The state appeals after the trial court granted defendant's motion to dismiss with prejudice, pursuant to ORS 135.755 and Article I, section 10 of the Oregon Constitution, the citation charging her with driving while under the influence of intoxicants.”
State v. Robinson, 974 P.2d 713 (Or. Ct. App. 1999). · cites it 7× “On March 26,1997, at the prosecutor’s request, the trial court entered a separate order dismissing the case pursuant to ORS 135.755 “in furtherance of justice.” 1 On April 23,1997, the state took this interlocutory appeal from the March 24 order suppressing evidence.”
State v. Freeland, 667 P.2d 509 (Or. 1983). · cites it 2× “753, or the "proceedings," ORS 135.755. The terms "accusatory instrument" and "information" as used in these statutes, are defined in ORS 131.”
State v. Stough, 939 P.2d 652 (Or. Ct. App. 1997). · cites it 9× “At a pretrial release hearing in 1996, the trial court dismissed the charge sua sponte under ORS 135.755. 1 The state appeals, and we reverse.”
Wynn v. State, 879 A.2d 1097 (Md. 2005). · cites it 2× “); Or.Rev.Stat. § 135.755 (2003); Utah R.Crim.”
State v. Dinsmore, 116 P.3d 226 (Or. Ct. App. 2005). · cites it 4× “Two days after the trial court entered an order suppressing the evidence, the court entered a separate order pursuant to the prosecutor’s request under ORS 135.755 dismissing the case. 3 On appeal, we concluded that the state’s appeal was moot because of the order dismissing the…”
State v. Hoare, 532 P.2d 240 (Or. Ct. App. 1975). · cites it 3× “Under ORS 135.755 a dismissal may be ordered on a court’s motion in order to “further justice.”
State v. Gutierrez, 11 P.3d 690 (Or. Ct. App. 2000). · cites it 4× “Indeed, the motion’s stated basis, “that the interest of justice would best be served thereby,” parallels the “furtherance of justice” rationale for dismissal under ORS 135.755 — which must be without prejudice when “the crime charged is a Class A misdemeanor or a felony.”
State v. Swett, 972 P.2d 909 (Or. Ct. App. 1999). · cites it 12× “Defendant disputed that the girlfriend’s statements to the police were excited utterances. The trial court ruled that the girlfriend could not testify.”
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