State v. Blevins

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 06-18-2014
  • Case #: A149659
  • Judge(s)/Court Below: Sercombe, J. for the Court; Ortega, P.J.; & Hadlock, J.

Under former ORS 135.747, a delay of 21 months for a trial, 11 of which were unjustified, is unreasonable.

Defendant appealed his conviction for misdemeanor driving under the influence of intoxicants (DUII), assigning error to the trial court’s denial of his motion to dismiss on speedy trial grounds. The trial court denied this motion after deciding the delays were reasonable and attributable to defendant. The Court held the period for delay was unreasonable. For 21 months, defendant’s trial was delayed without his consent; 11 of those months were unjustified. Reversed and remanded for entry of judgment of dismissal.

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