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STATE v. FLEETWOOD

CR92-167; A116403.

63 P.3d 42 (2003)

186 Or. App. 305

STATE of Oregon, Appellant, v. Jerry FLEETWOOD, Respondent.

Court of Appeals of Oregon.

Decided February 12, 2003.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Robin A. Jones, Senior Deputy Public Defender, argued the cause for respondent. With her on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

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

HASELTON, P.J.

The state appeals from the trial court's order dismissing with prejudice an indictment that charged defendant with distribution of a controlled substance, ORS 475.992, on the ground that pretrial delay violated defendant's rights under Article I, section 10, of the Oregon Constitution. In particular, the court determined that the total delay of nearly nine years, including over eight years devoted to the appeal of the trial court's suppression of evidence...

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