State v. Peterson

Defendant appeals from a judgment of conviction for misdemeanor driving under the influence of intoxicants (DUII), ORS 813.010, and refusal to take a test for intoxicants, ORS 813.095, arguing that the trial court erred in denying his motion to dismiss the accusatory instrument because the 19-month delay between his arraignment and trial violated his right to be tried within a “reasonable time” under ORS 135.747. We reverse and remand for entry of a judgment of dismissal.

The state charged defendant, by an information filed on September 26, 2008, with the above-described misdemeanors. When…