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STATE v. LIEFKE

C 88-05-33389; CA A60244.

789 P.2d 700 (1990)

101 Or.App. 208

STATE of Oregon, Appellant, v. Edward Douglas LIEFKE, Respondent.

Court of Appeals of Oregon.

Decided April 4, 1990.

Attorney(s) appearing for the Case

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Sally L. Avera, Acting Public Defender, Salem, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

The state appeals the trial court's order dismissing the indictment charging defendant with unauthorized use of a motor vehicle and reckless driving. ORS 138.060(1). We reverse and remand.

Defendant, an inmate, moved to dismiss the indictment on January 13, 1989, for failure to try him within 90 days of his request for trial. ORS 135.765. At the hearing on the motion, defendant testified that he gave his requests for trial to the prison authorities...

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