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STATE v. GARNER

D064137T; A147928.

289 P.3d 351 (2012)

253 Or. App. 64

STATE of Oregon, Plaintiff-Appellant, v. Charles Robert GARNER, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 24, 2012.

Attorney(s) appearing for the Case

Andrew M. Lavin , Assistant Attorney General, argued the cause for appellant. With him on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

William Uhle , Portland, argued the cause for respondent. With him on the brief was Thuemmel & Uhle.

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

HASELTON, C.J.

The state appeals from an order dismissing, on statutory speedy trial grounds, ORS 135.747,1 a complaint for misdemeanor driving under the influence of intoxicants (DUII), ORS 813.010, that had been filed over four years earlier. In so ruling, the trial court determined that time incurred before this court in the context of the state's earlier successful appeal of a prior dismissal on former jeopardy grounds, State v...

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