Oregon V. Parker

In this criminal case, defendant was charged in separate citations with driving under the influence of intoxicants (DUII), ORS 813.010,*fn1 and with failure to perform the duties of a driver when property is damaged (hit and run), ORS 811.700.*fn2 The trial court denied defendant's motion to suppress evidence and his motion for a continuance, but granted the state's motion to consolidate the two charges for trial. On appeal from defendant's conviction of both offenses, the Court of Appeals held that the trial court did not err in denying defendant's motions. State v. Parker, 113 Or App 513, 516-19, 835 P2d 918 (1992). However, the Court of Appeals reversed the hit and run conviction and remanded for a new trial on that charge, holding that the trial court erred in granting the state's "untimely" motion for consolidation. Id. at 521-22. We allowed both parties' petitions for review and now reinstate the judgment of the trial court in its entirety.