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STATE v. McFARLAND

06CR0797; A139991.

269 P.3d 106 (2011)

247 Or. App. 481

STATE of Oregon, Plaintiff-Respondent, v. Dustin Bruce McFARLAND, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 29, 2011.

Attorney(s) appearing for the Case

Shawn E. Wiley , Chief Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Matthew J. Lysne , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and David B. Thompson , Interim Solicitor General.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and ROSENBLUM, Senior Judge.

SERCOMBE, J.

Defendant appeals a judgment of conviction for identity theft, ORS 165.800. He assigns error to the trial court's denial of his motion to dismiss the case for lack of a speedy trial under ORS 135.747. That statute requires dismissal of criminal proceedings when a defendant is "not brought to trial within a reasonable period of time." The trial court concluded that the 17-month delay between defendant's indictment and his arraignment was reasonable. On...

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