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State v. Johnson

Summarized by: 

Date Filed: 11-07-2012
Case #: A143731
Sercombe, P.J. for the Court; Brewer, J.; and Egan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A143731.pdf

Criminal Procedure: When the original trial is brought within a reasonable period of time, ORS 135.747 does not regulate the timing of the second trial in the same criminal proceeding.

Defendant appealed his driving under the influence of intoxicants conviction. The Defendant was arrested and brought to trial six months later in justice court. The jury found the Defendant guilty of misdemeanor driving under the influence of intoxicants. The Defendant appealed his conviction to the circuit court, where a second jury also found him guilty. Before the second trial, the Defendant requested a series of continuances and changed his attorney, which delayed his trial in the circuit court by 24 months. The Defendant twice moved to have the matter dismissed for a lack of a speedy trial, and the circuit court twice denied the motion. On appeal, the Defendant argued that ORS 135.747 required a circuit court trial to begin within a reasonable amount of time, and that the delay in this case was unreasonable. The Court disagreed, holding that ORS 135.747 does not apply to the second trial in the same criminal proceeding. Since the original trial was brought within a reasonable amount of time, it would be improper to dismiss the case for a lack of a speedy trial. The Court also rejected the Defendant’s argument that ORS 53.090 incorporated speedy trial requirements into retrials in the circuit court. Affirmed.