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YADON v. STATE

No. 77-12-270; CA 11444.

591 P.2d 402 (1979)

39 Or.App. 115

Wayne Elvin YADON, Respondent, v. STATE of Oregon, Appellant.

Court of Appeals of Oregon.

Decided March 5, 1979.

Attorney(s) appearing for the Case

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen. and Walter L. Barrie, Sol. Gen., Salem.

Carrell F. Bradley, Hillsboro, argued the cause and filed the brief, for respondent.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.

BUTTLER, Judge.

The state appeals an order granting post-conviction relief to petitioner under ORS 138.510 to 138.680, which order not only set aside petitioner's conviction for driving under the influence of intoxicants (DUII), but also dismissed the underlying complaint for reasons of prejudice to the defense in not being afforded a speedy trial. The state contends that the circuit court was without jurisdiction to dismiss that complaint on those grounds in a post...

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