STATE v. EMERY

DC L90-0163CR; CA A69343; SC S40000.

869 P.2d 859 (1994)

318 Or. 460

STATE of Oregon, Respondent on Review, v. Gordon Tubandt EMERY, Petitioner on Review.

Supreme Court of Oregon.

Resubmitted March 22, 1994.

Decided March 24, 1994.


Attorney(s) appearing for the Case

Michael W. Seidel, Bend, argued the cause and filed the petition for petitioner on review.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the response were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.


CARSON, Chief Justice.

In this criminal case, defendant seeks review of the decision by the Court of Appeals holding that defendant was not denied his right to a speedy trial under ORS 135.747 or under Article I, section 10, of the Oregon Constitution. We reverse. The judgment of conviction is reversed, and the charge against defendant is dismissed pursuant to ORS 135.747.

On October 31, 1988, defendant was cited for illegal possession of an elk, a crime....

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