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STATE v. JOHNSON

9800590; A116313.

90 P.3d 4 (2004)

193 Or. App. 250

STATE of Oregon, Respondent, v. Martin Allen JOHNSON, Appellant.

Court of Appeals of Oregon.

Decided April 28, 2004.

Attorney(s) appearing for the Case

Susan F. Drake, Deputy Public Defender, argued the cause for appellant. On the brief were David E. Groom, Acting Executive Director, Office of Public Defense Services, and Mary M. Reese, Senior Deputy Public Defender.

Martin Allen Johnson filed the pro se supplemental appellant's brief.

Paul L. Smith, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

LINDER, J.

Defendant appeals a judgment of conviction for rape in the third degree, ORS 163.355, challenging the trial court's denial of his motion to dismiss on speedy trial grounds. We conclude that the motion should have been granted under ORS 135.747, because defendant neither caused nor consented to the delay in his prosecution and because the length of the delay was unreasonable. Accordingly, we reverse and remand for entry of judgment of dismissal without prejudice...

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