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State v. Bayer

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Opinion
347 Or. 446 · Oregon Supreme Court · Dec 23, 2009
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State v. Bayer
Court of Appeals of Oregon · May 19, 2010
Parentheticals
holding that a nine-month delay, of which 20 days were requested by the defendant and the remaining time was for routine delays, was reasonable
concluding that the defendant had not established a speedy trial violation under Article I, section 10
noting that, “under the aspirational standards, 98 percent of nonfelonies should be adjudicated within six months” and assuming that the state-attributed delay of approximately eight months exceeded expectations for bringing the defendant to trial on a DUII charge
where state cited the defendant for DUII, dismissed citation, and then filed an information charging DUII, the defendant was “charged” for speedy trial purposes when the information was filed
“[W]hen the state dismisses one charging instrument but subsequently files another, the prosecution commences with the second charging instrument and, thus, serves as the starting point for calculating the relevant delay for purposes of ORS 135.747.”