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State v. Danford

Summarized by: 

Date Filed: 06-27-2012
Case #: A141614
Brewer P. J. for the Court; and Haselton, C.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A141614.pdf

Criminal Procedure: Under ORS 135.747, a delay in prosecution, not brought on or consented to by the defendant, shall be dismissed if it is an unreasonable length of time. A 41-month delay substantially exceeds a reasonable period of time.

Defendant appealed a conviction of driving under the influence of intoxicants. Defendant was charged on April 26th, 2003, but was not brought to trial until February 12, 2009. Defendant moved the trial court to dismiss on the grounds that she was not afforded a speedy trial. The trial court dismissed the motion, and convicted Defendant. The issue for the Court of Appeals was to judge whether 2,119 days was a reasonable amount of time to delay a trial under ORS 135.747. The Court reasoned that because the length of the delay was at no fault of Defendant, but was the result of official error, she was not afforded a speedy trial. Reversed and remanded for entry of a judgment of dismissal.