State v. Bircher

Defendant was convicted of misdemeanor driving under the influence of intoxicants (DUII), ORS 813.010(1), and appeals the denial of his motion to dismiss the charges under ORS 135.747, a statutory speedy trial provision. The two issues in the case are (1) whether the pretrial delay associated with defendant’s incarceration in prison on other charges is attributable to the state or to defendant in calculating the relevant delay under ORS 135.747 and (2) whether that delay, if attributable to the state, is nonetheless a “reasonable” delay under the statute because defendant did not demand an…