- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 05-29-2014
- Case #: A147718
- Judge(s)/Court Below: Sercombe, J. for the Court; Ortega, P.J.; & De Muniz, S.J.
- Full Text Opinion
Defendant appeals the trial court’s denial of his motion to dismiss for lack of a speedy trial. Defendant Straughan was arrested on March 22, 2008, and was charged with four misdemeanors, of which this case is one. Although there was a 959-day delay of the defendant’s trial, the trial court denied Straughan’s motion to dismiss on speedy trial grounds because it found that much of the delay was the his fault. On appeal, the Court first held that the repeal of the statute under which the defendant made his motion did not affect its appeal. Second, the Court determined how much of the delay was the fault of the defendant and whether any remaining delay was unexpected and unreasonable. The Court held that the delay caused by the state in this instance was both unexpected and unreasonable and remanded back to the trial court to grant the defendant’s motion. Reversed and remanded.