State v. Neal

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Procedure
• Date Filed: 01-29-2014
• Case #: A149027
• Judge(s)/Court Below: Egan, J. for the Court; Armstrong, P.J.; and Nakamoto, J.

When a defendant is not brought to trial in accordance with ORS 135.763 to ORS 135.765 (Oregon's speedy trial provisions) and none of the exceptions under ORS 135.765(2) apply, a court is obligated to dismiss the case upon motion by defendant.

Defendant appealed his judgment of conviction. Defendant argued that the trial court erred when it denied his motion to dismiss for failure to comply with the speedy trial provisions under ORS 135.760 to 135.765. The Court held that the the trial court was obligated to dismiss the case because provisions under ORS 135.763 were not complied with when Defendant was brought to trial and the failure to comply did not fall under any of the exceptions under ORS 135.765(2). Reversed and remanded for entry of judgment of dismissal.

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