State v. Benner

In this criminal case, defendant moved to dismiss the indictment against him on the ground that the state failed to bring him to trial within 90 days of receipt of his request for a speedy trial, as required by ORS 135.760 to 135.765, set out below. The trial court denied the motion, concluding that defendant had waived his right to a speedy trial by failing to object to his scheduled trial date, which was outside of the 90-day period, when the date was mentioned at two pretrial hearings.

Thereafter, defendant tried his case to the court and was convicted. He appeals, assigning error to the…