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STATE v. WHILEY

85-1109; CA A39711.

734 P.2d 8 (1987)

84 Or.App. 385

STATE of Oregon, Respondent, v. John William WHILEY, Appellant.

Court of Appeals of Oregon.

Decided March 18, 1987.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

WARDEN, Presiding Judge.

Defendant appeals from a judgment of conviction for carrying a concealed weapon, ORS 166.240, and being an ex-convict in possession of a weapon. ORS 166.270.1 He contends that the trial court erred in denying his motion to dismiss the charges against him, because the state failed to bring him to trial within 90 days of his request for a trial, as required by ORS 135.763. We reverse.

At the time of his arraignment...

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