STATE v. MILLER

No. 54296; CA 19514.

639 P.2d 697 (1982)

55 Or.App. 682

STATE of Oregon, Appellant, v. French Lee MILLER, Respondent.

Court of Appeals of Oregon.

Decided January 25, 1982.


Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Janet A. Metcalf, Portland, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., WARDEN, J., and JOSEPH, C.J.


WARDEN, Judge.

The state appeals the trial court order dismissing the indictment for lack of speedy trial. Defendant's motion appears to rely on both statutory and constitutional grounds. The trial court made no findings of fact or conclusions of law other than, "It is the finding of the Court that the defendant has been denied a speedy trial and the defendant's motion should be allowed." Because defendant might be reprosecuted after dismissal under one statute (ORS...

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