State v. Hale

I would affirm defendant’s conviction.

I read the majority’s opinion to say that the only *284prejudice that defendant suffered was anxiety.1 I would hold that, without more, anxiety, no matter how prolonged, cannot be the basis for a dismissal for want of a speedy trial. In this case, no prejudice to defendant was shown.

In State v. Dykast, 300 Or 368, 378, 712 P2d 79 (1985) the Supreme Court explained:

“Most criminal prosecutions cause stress, discomfort and interference with a normal life. Delay adds to the problem.”

In Dykast, there was evidence that the delay caused the defendant to postpone his…