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STATE OF OREGON, Appellant, v. HAROLD F. DUFFY, Respondent.

Reversed and remanded.

SCHWAB, C. J.

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.

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STATE v. DUFFY
(Apr 3, 1978)