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STATE v. CONTRERAS

MI070602; A143758.

291 P.3d 799 (2012)

253 Or. App. 693

STATE of Oregon, Plaintiff-Respondent, v. Amiel Jose CONTRERAS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 5, 2012.

Attorney(s) appearing for the Case

Lindsey K. Detweiler , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Jennifer S. Lloyd , Attorney-in-Charge, Criminal Appeals, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Matthew J. Lysne , Assistant Attorney General.

Before ORTEGA, Presiding Judge, and BREWER, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Defendant was convicted of misdemeanor driving under the influence of intoxicants (DUII), ORS 813.010, after his first trial on the charge resulted in a hung jury. He appeals the denial of his motion to dismiss the case under ORS 135.747, the statutory speedy trial provision. That motion was filed shortly before the second trial. We conclude that ORS 135.747 regulates only the timing of the first trial and that...

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