State v. Bronson

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 04-20-2016
  • Case #: A149117
  • Judge(s)/Court Below: Duncan, P.J. for the Court; Schuman, S.J.; Flynn, J.
  • Full Text Opinion

Under former ORS 135.747, a defendant must be brought to trial in a reasonable time, which is determined between the time the defendant is charged and when the trial begins, even if that trial ends in a mistrial.

Defendant appealed the trial court's denial of his motion to dismiss for denial of a speedy trial. Defendant's first trial ended in a mistrial. At the beginning of the second trial, nearly three years after being charged for his crimes, Defendant moved for dismissal. Under ORS 135.747, a defendant must be brought to trial in a reasonable time. The Court held that Defendant was “brought to trial” when the first trial commenced, even though that trial ultimately ended in a mistrial, and was thus granted a speedy trial. Affirmed.

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