Willamette Law Online

Oregon Court of Appeals


State v. Petersen

Summarized by: 

Date Filed: 07-05-2012
Case #: A144669
Nakamoto, J. for the Court; Schuman, P. J.; and Wollheim, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A144669.pdf

Criminal Procedure: UTCR 4.010 requires that all pretrial motions that are subject to an omnibus hearing be filed at least 21 days before trial.

Defendant appealed a driving under the influence of intoxicants conviction. On the first day of trial, Defendant moved to dismiss the case for lack of a speedy trial. The trial court ruled that the motion was untimely under UTCR 4.010. UTCR 4.010 requires that pretrial motions must be filed at least 21 days before the beginning of trial during an omnibus hearing. Defendant argued that motions to dismiss for lack of a speedy trial do not fall under UTCR 4.010. The Court of Appeals held that Defendant's motion fell under UTCR 4.010, which applies to all pretrial motions. Therefore, Defendant did not file his motion at least 21 days before trial and the trial court correctly dismissed Defendant's motion. Affirmed.