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STATE v. CUNNINGHAM

04CR1184FE; A132956.

221 P.3d 165 (2009)

232 Or. App. 135

STATE of Oregon, Plaintiff-Respondent, v. Hiram Samuel CUNNINGHAM, JR., Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 18, 2009.

Attorney(s) appearing for the Case

Mary M. Reese, Salem, argued the cause for appellant. With her on the brief was Mary M. Reese, Lawyer, LLC.

Karla H. Ferrall, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

ORTEGA, J.

Defendant appeals his conviction for delivery of a controlled substance, former ORS 475.992 (2003), renumbered as ORS 475.840 (2005), a Class B felony, assigning error to the trial court's denial of his motion to dismiss on statutory speedy trial grounds. ORS 135.747. For the reasons explained herein, we affirm.

The pertinent facts are procedural. Defendant was charged by information on June 28, 2004, with possession of a controlled...

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