Willamette Law Online

Oregon Court of Appeals


ListPreviousNext


State v. Lewis

Summarized by: 

Date Filed: 04-25-2012
Case #: A141202
Nakamoto, J. for the Court; Schuman, P.J.; and Wollheim, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A141202.pdf

Sentencing: A defendant's due process and speedy trial rights are not violated when the defendant is convicted in Oregon but not sentenced until he returns from serving almost a 20-year sentence in Washington for separate crimes.

Defendant appeals his conviction of attempted assault in the first degree with a firearm. After conviction, but before sentencing in Oregon, Defendant was sent to Washington and sentenced on separate crimes he had committed. After finishing his nearly 20-year sentence in Washington, Defendant was sentenced in Oregon. Defendant moved the trial court to reverse his Oregon conviction based on the State’s violation of (1) the Interstate Agreement on Detainers (IAD) by failing to sentence him within 120 days, (2) his due process and speedy trial rights for taking almost two decades to sentence him, and (3) because his trial transcript was destroyed. The trial court denied his motion, and Defendant appealed. The Court held that (1) the 120-day time limit does not start running until Defendant returned to Oregon after serving his sentence in Washington, (2) his speedy trial rights were not violated because Defendant actively resisted extradition to Oregon and never asserted his speedy trial right, and (3) Defendant had ample time to obtain a copy of his Oregon transcript after the trial court instructed him. Affirmed.