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STATE v. HARMAN

932917; A105876

40 P.3d 1079 (2002)

179 Or. App. 611

STATE of Oregon, Respondent, v. Halray M. HARMAN, Appellant.

Court of Appeals of Oregon.

Decided February 20, 2002.

Attorney(s) appearing for the Case

Jennelle Hall, Deputy Public Defender, argued the cause for appellant. With her on the brief was David Groom, Public Defender.

Janet A. Klapstein, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

WOLLHEIM, J.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants. ORS 813.010. He claims that the five-year, seven-month delay between his arraignment and trial violated his statutory and constitutional entitlements to a speedy trial. We conclude that, while the delay did not violate the speedy trial provisions of either the Oregon or United States Constitutions, the trial court erred in denying defendant's statutory speedy trial...

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