State v. Wideman

The state appeals from an order granting defendant’s motion to dismiss pursuant to ORS 135.765. That statute authorizes a trial court to dismiss a case if the state fails to bring an incarcerated defendant to trial within 90 days, unless the court finds good cause to continue the case. We affirm.

Defendant was indicted for possession of a controlled substance in Clackamas County in July 2002. On November 20, 2002, he failed to appear for his trial because he was incarcerated at the Snake River Correctional Institution (SRCI) serving a sentence on an unrelated conviction. On February 21, 2003,…