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STATE v. WIDEMAN

CR0200958; A121805.

124 P.3d 1271 (2005)

203 Or. App. 359

STATE of Oregon, Appellant, v. William Gordon WIDEMAN, Respondent.

Court of Appeals of Oregon.

Decided December 21, 2005.

Attorney(s) appearing for the Case

Joanna L. Jenkins, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Jamesa J. Drake, Deputy Public Defender, argued the cause for respondent. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and BREITHAUPT, Judge pro tempore.

WOLLHEIM, J.

The state appeals from an order granting defendant's motion to dismiss pursuant to ORS 135.765. That statute authorizes a trial court to dismiss a case if the state fails to bring an incarcerated defendant to trial within 90 days, unless the court finds good cause to continue the case. We affirm.

Defendant was indicted for possession of a controlled substance in Clackamas County in July 2002. On November 20, 2002, he failed to appear for his trial...

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