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STATE v. McFARLAND

06CR0797; A139991.

269 P.3d 106 (2011)

247 Or. App. 481

STATE of Oregon, Plaintiff-Respondent, v. Dustin Bruce McFARLAND, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 29, 2011.

Attorney(s) appearing for the Case

Shawn E. Wiley, Chief Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Matthew J. Lysne, Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and David B. Thompson, Interim Solicitor General.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and ROSENBLUM, Senior Judge.

SERCOMBE, J.

Defendant appeals a judgment of conviction for identity theft, ORS 165.800. He assigns error to the trial court's denial of his motion to dismiss the case for lack of a speedy trial under ORS 135.747. That statute requires dismissal of criminal proceedings when a defendant is "not brought to trial within a reasonable period of time." The trial court concluded that the 17-month delay between defendant's indictment and his arraignment was reasonable. On...

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