State v. Person

Defendant appeals from his convictions, assigning as error the trial court’s denial of his motion to dismiss for failure to bring him to trial within 90 days after the date on which he gave notice to the district attorney pursuant to ORS 135.760. We reverse.

Defendant was indicted on October 31,1989. Subsequently, because of a conviction in an unrelated case, he became an inmate in the custody of the Department of Corrections. On January 30, 1990, he sent the Linn County District Attorney a request for a speedy trial pursuant to ORS 135.760. The trial was set for April 11, 1990.

On March…