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STATE v. PETERSEN

080954M, A144669.

281 P.3d 678 (2012)

251 Or. App. 87

STATE of Oregon, Plaintiff-Respondent, v. Michael Joseph PETERSEN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 5, 2012.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, Office of Public Defense Services, and Morgen E. Daniels , Deputy Public Defender, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Karla H. Ferrall , Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

Defendant appeals a conviction of driving under the influence of intoxicants (DUII). ORS 813.010(4). Defendant moved to dismiss for lack of a speedy trial based on statutory and constitutional grounds on the day of trial. The trial court denied the motion as untimely under UTCR 4.010 without addressing defendant's arguments. On appeal, defendant contends that the time requirement in UTCR 4.010 does not apply to motions to dismiss. We affirm.

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