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STATE v. BENNER

101040; A145265.

288 P.3d 1016 (2012)

253 Or. App. 164

STATE of Oregon, Plaintiff-Respondent, v. Caleb Newton BENNER, aka Caleb Benner-Newton, Caleb Benner Newton, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 24, 2012.

Attorney(s) appearing for the Case

Andrew D. Robinson , Deputy Public Defender, argued the cause for appellant. On the brief were Peter Gartlan , Chief Defender, and David C. Degner , Deputy Public Defender, Office of Public Defense Services.

Matthew J. Lysne , Assistant Attorney in Charge, Criminal Appeals, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Mary Williams , Solicitor General.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and DUNCAN, Judge.

DUNCAN, J.

In this criminal case, defendant moved to dismiss the indictment against him on the ground that the state failed to bring him to trial within 90 days of receipt of his request for a speedy trial, as required by ORS 135.760 to 135.765, set out below. The trial court denied the motion, concluding that defendant had waived his right to a speedy trial by failing to object to his scheduled trial date, which was outside of the 90-day period, when the date was...

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