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STATE v. NEAL

CF090166; A149027.

320 P.3d 664 (2014)

260 Or. App. 753

STATE of Oregon, Plaintiff-Respondent, v. Brian Lee NEAL, Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 29, 2014.

Attorney(s) appearing for the Case

David O. Ferry , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Karla Ferrall , Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

EGAN, J.

Defendant moved to dismiss a criminal indictment after the state inadvertently failed to bring him to trial within the 90-day statutory period that was triggered by his request for a speedy trial. Defendant, who was incarcerated at all relevant times, contended that the state's failure to try him within 90 days required the trial court to dismiss the criminal proceeding under ORS 135.760 to 135.765, set out below. The trial court concluded that there was...

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