State v. Straughan

Under former ORS 135.747 (2011), an unjustified delay of trial for nearly seven months out of 21 months of delay in general is unreasonable, and must be dismissed without showing of "sufficient reason" to continue the case.

Defendant appeals a DUII conviction on grounds that the trial court erred in not dismissing the case for lack of a speedy trial. Defendant's trial was postponed for various reasons (including an applied-for setover, and settlement conferences) for a total of 894 days. However, Defendant consented to or requested 251 days-worth of delays. Pursuant to former ORS 135.747 (2011), repealed by Or Laws 2013, ch 431, §1, the court subtracts the consented-to delay from the total delay, resulting in a total delay of 643 days (nearly 21 months). The court then must determine whether the delay is reasonable, and here the court determined the delay was unreasonable for a misdemeanor case. Furthermore, the state offered no showing of "sufficient reason" to continue the case, and therefore the case should be dismissed. Reversed and remanded.