State v. M. D. D.

ORS 174.120(1) states that the statutory time clock “exclude[es] the first day and include[es] the last day, unless the first day falls upon any legal holiday or on Saturday, in which case the last day is also excluded.”

Defendant appealed a judgment of commitment to the Oregon Health Authority. Defendant assigned error to the trial court’s failure to dismiss the case after the commitment hearing was not held within the statutory timeframe. Defendant argued that under ORS 174.120 it is obvious that the first judicial day of his involuntary hold was on Monday and that his commitment hearing should have been held by Friday. In response, the State argued that ORS 174.120 is not obvious and that the date of the hearing was proper. ORS 174.120(1) states that the statutory time clock “exclude[es] the first day and include[es] the last day, unless the first day falls upon any legal holiday or on Saturday, in which case the last day is also excluded.” The Court reasoned that the statutory construction was not plain based on the arguments of the two parties and therefore, the trial court did not err in deciding not to dismiss the case. Affirmed.