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STATE v. BARRETT

C001469CR; A119846.

88 P.3d 306 (2004)

193 Or. App. 85

STATE of Oregon, Respondent, v. Linda Jean BARRETT, Appellant.

Court of Appeals of Oregon.

Decided April 14, 2004.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Ernest G. Lannet, Deputy Public Defender, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jill Smith, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

PER CURIAM.

Defendant appeals from her conviction for driving under the influence of intoxicants, ORS 813.010, arguing that the trial court erred in denying her motion to dismiss the indictment on the basis of a statutory speedy trial violation. ORS 135.747. The trial court denied the motion to dismiss on the ground that such dismissals under ORS 135.747 are without prejudice and the state could have simply refiled the charges. On appeal, the state concedes that the...

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