State v. Duffy

*303 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.