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STATE v. MERCIER

09P50754; A149513.

313 P.3d 322 (2013)

259 Or. App. 222

STATE of Oregon, Plaintiff-Appellant, v. Dennis Harold MERCIER, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 30, 2013.

Attorney(s) appearing for the Case

Karla H. Ferrall , Assistant Attorney General, argued the cause for appellant. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Jonah Morningstar , Deputy Public Defender, argued the cause for respondent. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

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

HADLOCK, J.

Defendant was charged with driving under the influence of intoxicants (DUII), ORS 813.010, failure to carry or present a license, ORS 807.570, and refusal to take a breath test, ORS 813.095. Before trial, he moved to dismiss the district attorney's information, arguing that pretrial delay violated his right to a speedy trial as guaranteed both by Article I, section 10, of the Oregon Constitution and by ORS 135.747.1 The trial...

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