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State v. Contreras

Summarized by: 

Date Filed: 12-05-2012
Case #: A143758
Sercombe, J. for the Court; Ortega, P.J.; and Brewer, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A143758.pdf

Criminal Procedure: ORS 135.747, the speedy trial provision, regulates only the timing of the first trial and a defendant waives the right to dismiss under this provision if he does not file a motion before the first trial.

Defendant appealed denial of his motion to dismiss his DUII case. Defendant was charged with a misdemeanor DUII on August 14,2007. The trial was postponed numerous times. Defendant’s first trial on May 20, 2009 resulted in a hung jury. Defendant was scheduled for a second trial on October 7, 2009, but before the trial he filed a motion to dismiss based on ORS 135.747, the speedy trial provision, on September 30, 2009. The trial court denied the motion to dismiss and Defendant appealed. The Court of Appeals held that Defendant waived his right to dismiss under the speedy trial provision when he did not file before the first trial, because ORS 135.747 regulates only the timing of the first trial. Affirmed.