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STATE v. BIRCHER

060951810; A143516.

290 P.3d 841 (2012)

253 Or. App. 382

STATE of Oregon, Plaintiff-Respondent, v. Russell William BIRCHER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 7, 2012.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Zachary Lovett Mazer , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Joanna L. Jenkins , Assistant Attorney General, filed the brief for respondent.

Before SERCOMBE, Presiding Judge, and BREWER, Judge, and EGAN, Judge Pro Tempore.

SERCOMBE, P.J.

Defendant was convicted of misdemeanor driving under the influence of intoxicants (DUII), ORS 813.010(1), and appeals the denial of his motion to dismiss the charges under ORS 135.747, a statutory speedy trial provision. The two issues in the case are (1) whether the pretrial delay associated with defendant's incarceration in prison on other charges is attributable to the state or to defendant in calculating the relevant delay under ORS 135.747 and...

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