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STATE v. PERSON

CC 89102773; CA A67862; SC S39464.

853 P.2d 813 (1993)

316 Or. 585

STATE of Oregon, Petitioner on Review, v. Gerald Oscar PERSON, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided June 17, 1993.

Attorney(s) appearing for the Case

Robert B. Rocklin, Asst. Atty. Gen., Salem, argued the cause and filed the petition for petitioner on review. With him on the petition were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause and filed the response for respondent on review. With him on the response was Sally L. Avera, Public Defender.

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, as required by ORS 135.763(1), set out infra. The trial court denied the motion, finding that the continuance of the trial beyond the 90-day period had been "reasonable and fair." The Court of Appeals reversed on the ground that neither defendant nor the...

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