- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 05-29-2014
- Case #: A148221
- Judge(s)/Court Below: Sercombe, J. for the Court; Ortega, P.J.; & Haselton, C.J.
- Full Text Opinion
Defendant appeals a DUII conviction on grounds that the trial court erred in not dismissing the case for lack of a speedy trial. Defendant's trial was postponed for various reasons (including an applied-for setover, and settlement conferences) for a total of 894 days. However, Defendant consented to or requested 251 days-worth of delays. Pursuant to former ORS 135.747 (2011), repealed by Or Laws 2013, ch 431, §1, the court subtracts the consented-to delay from the total delay, resulting in a total delay of 643 days (nearly 21 months). The court then must determine whether the delay is reasonable, and here the court determined the delay was unreasonable for a misdemeanor case. Furthermore, the state offered no showing of "sufficient reason" to continue the case, and therefore the case should be dismissed. Reversed and remanded.