State v. Bernson

*254DEITS, J.

The state appeals, pursuant to ORS 138.060(1), the dismissal of a murder indictment for violation of the time limitations of ORS 135.775,1 the Interstate Agreement on Detainers (IAD). The court dismissed the indictment, because 120 days had passed after defendant arrived in Oregon to stand trial. We reverse.

There is no disagreement on the operative facts. Oregon sought defendant’s return from the Washington State Penitentiary to stand trial for murder, and he was returned on May 16, 1986. On June 13, 1986, he moved for a continuance and, on July 16, he moved to suppress evidence. The…