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STATE v. DIXON

030695; A126880.

197 P.3d 1106 (2008)

224 Or. App. 66

STATE of Oregon, Plaintiff-Appellant, v. Dale Roger DIXON, Defendant-Respondent.

Court of Appeals of Oregon, En Banc.

Resubmitted En Banc September 4, 2008.

Decided November 19, 2008.

Attorney(s) appearing for the Case

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

John L. Susac, Deputy Public Defender, argued the cause for respondent. With him on the brief were Ingrid Swenson, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges.

SERCOMBE, J.

The state appeals an order dismissing charges of theft in the second degree and criminal mischief in the second degree against defendant for lack of a speedy trial under ORS 135.747. That statute allows dismissal of criminal proceedings when a defendant is "not brought to trial within a reasonable period of time." The trial court concluded that, of the 21-month period of total delay from the initial indictment to the scheduled trial date, seven of those...

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