S060295 State v. McDowell

Relator, defendant Dylan Charles McDowell, petitioned for a peremptory or alternative writ of mandamus compelling his release pending trial. He contends that he is entitled to release under ORS 136.290, which provides, in part, that a criminal defendant “shall not remain in custody pending commencement of the trial of the defendant more than 60 days after the time of arrest.” According to relator, he was indicted, arrested, and then held more than 60 days, when the state dismissed the charges and released him. Several days later, however, the state reindicted him on the same charges and…