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STATE v. WAECHTER

(960263CM; CA A97160)

986 P.2d 1281 (1999)

163 Or. App. 282

STATE of Oregon, Respondent, v. Troy WAECHTER, Appellant.

Court of Appeals of Oregon.

Decided October 13, 1999.

Attorney(s) appearing for the Case

Robin A. Jones, Deputy Public Defender, argued the cause for appellant. With her on the briefs was Sally L. Avera and David E. Groom, Public Defenders.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before De MUNIZ, Presiding Judge, and DEITS, Chief Judge, and HASELTON, Judge.

De MUNIZ, P.J.

Defendant appeals from his conviction for theft of services in the second degree. ORS 164.125. We reverse.

On April 29, 1996, defendant was charged with theft of services by making unauthorized long distance telephone calls on his roommate's telephone. On August 7, 1996, while incarcerated at Eastern Oregon Correctional Institute (EOCI), defendant mailed a speedy trial demand to the court and the district attorney, in accordance with ORS 135...

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