- 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
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.