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STATE v. JOHNSON

05CV1811CC; A143731.

290 P.3d 305 (2012)

253 Or. App. 392

STATE of Oregon, Plaintiff-Respondent, v. Keanen Neil JOHNSON, 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 Stacey RJ Guise , Senior Assistant Attorney General, filed the brief for respondent.

Before SERCOMBE, Presiding Judge, and BREWER, Judge, and EGAN, Judge pro tempore.

SERCOMBE, P.J.

This case concerns whether ORS 135.747, the statutory speedy trial provision, applies to a second trial in the same case. Defendant was convicted of misdemeanor driving under the influence of intoxicants, ORS 813.010, by a jury in a Douglas County justice court. He appealed the conviction to the circuit court, obtaining the right to a trial de novo on the criminal charge. Before the second trial, defendant twice moved for a dismissal of the case...

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