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STATE v. GLUSHKO

(CC 209903037; CA A142224; SC S059136 (Control)), (CC 981756M, 990259M; CA A141888, A141889; SC S059137).

266 P.3d 50 (2011)

351 Or. 297

STATE of Oregon, Respondent on Review, v. Vladimir Vladimirovich GLUSHKO, Petitioner on Review. State of Oregon, Respondent on Review, v. Harold Vernon Little, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided November 10, 2011.

Attorney(s) appearing for the Case

Zachary L. Mazer, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioners on review. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Rolf C. Moan, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were John R. Kroger, Attorney General, and Mary H. Williams, Solicitor General.

LANDAU, J.

ORS 135.747 provides that,

"[i]f a defendant charged with a crime, whose trial has not been postponed upon the application of the defendant or by the consent of the defendant, is not brought to trial within a reasonable period of time, the court shall order the accusatory instrument to be dismissed."

The issue in these two cases is whether defendants' failures to appear at scheduled hearings amount to "consent" to a delay in proceedings...

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