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STATE v. HUNTER

CC CM 89-1083; CA A66033; SC S39598.

850 P.2d 366 (1993)

316 Or. 192

STATE of Oregon, Respondent on Review, v. Clayton R. HUNTER, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided May 6, 1993.

Attorney(s) appearing for the Case

Peter Gartlan, Deputy Public Defender, Salem, argued the cause and filed the petition for petitioner on review. With him on the petition was Sally L. Avera, Public Defender, Salem.

Robert B. Rocklin, Asst. Atty. Gen., Salem, argued the cause for respondent.

GILLETTE, Justice.

In this criminal case, defendant moved to dismiss the charges against him on the ground that the state had failed to bring him to trial within 90 days of receipt of his speedy trial notice. Trial within 90 days is required by ORS 135.763(1), set out infra, subject to certain exceptions. The trial court denied the motion, finding that defendant's counsel had "waived the 90-day period." The case proceeded...

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