State v. Garner

Under ORS 135.747, a defendant is considered "brought to trial" when the trial commences, even if it eventually ends in a mistrial.

The State appealed an order dismissing a complaint for a misdemeanor under ORS 813.010 (DUII). Defendant's first trial ended in a mistrial caused by the State. Shortly thereafter, Defendant moved to dismiss the complaint on former jeopardy grounds and the trial court granted that motion. The appeal that followed took 19 months. Upon remand, the Defendant again moved for dismissal, this time under statutory speedy trial grounds, ORS 135.747. The trial court granted this motion. The State again appealed. The Court of Appeals held that the determining factor was when the Defendant was "brought to trial," a term that the court had not treated consistently in the past. The Court ruled that a defendant is "brought to trial" when the trial commences, regardless if that trial eventually ends in a mistrial. Thus, since Defendant was brought to his first trial in 9 months, the trial court erred in dismissing the case under speedy trial grounds. Reversed and remanded.