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STATE v. PERSON

89102773; CA A67862.

831 P.2d 700 (1992)

113 Or. App. 40

STATE of Oregon, Respondent, v. Gerald Oscar PERSON, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted April 15, 1992.

Decided May 13, 1992.

Attorney(s) appearing for the Case

Clark S. Wiles, Corvallis, argued the cause and filed the brief for appellant.

Janet A. Klapstein, 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.

Resubmitted In Banc April 15, 1992.

WARREN, Judge.

Defendant appeals from his convictions, assigning as error the trial court's denial of his motion to dismiss for failure to bring him to trial within 90 days after the date on which he gave notice to the district attorney pursuant to ORS 135.760. We reverse.

Defendant was indicted on October 31, 1989. Subsequently, because of a conviction in an unrelated case, he became an inmate in the custody of...

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