State v. Garcia

In these two cases consolidated for appeal, each defendant was charged with various crimes on May 8, 2002. Over two years later, on June 3, 2004, the trial court dismissed the charges against each defendant under the statutory speedy trial provisions of ORS 135.747. The state appeals. ORS 138.060(l)(a). We review those rulings for errors of law, State v. Johnson, 339 Or 69, 74-87, 116 P3d 879 (2005). We reverse as to defendant Jackson, and affirm as to defendant Garcia.

The facts are undisputed and mainly procedural. Defendants were arrested on May 5, 2002, following a fight involving several…