State v. Burkette

In this consolidated appeal, defendant appeals his conviction for misdemeanor driving under the influence of intoxicants (DUII), ORS 813.010, and a probation violation judgment in another case based on that DUII conviction. He assigns error to the trial court’s denial of his motion to dismiss his DUII case on speedy trial grounds under former ORS 135.747 (2011), repealed by Or Laws 2013, ch 431, § l,1 as well as the state and federal constitutions. We conclude that the delay in bringing defendant to trial was unreasonable under former ORS 135.747 (2011) and, therefore, reverse and remand for…