State v. Liefke

The state appeals the trial court’s order dismissing the indictment charging defendant with unauthorized use of a motor vehicle and reckless driving. ORS 138.060(1). We reverse and remand.

Defendant, an inmate, moved to dismiss the indictment on January 13,1989, for failure to try him within 90 days of his request for trial. ORS 135.765. At the hearing on the motion, defendant testified that he gave his requests for trial to the prison authorities to be mailed on October 6, 1988. He addressed one to the district attorney and one to the circuit court. Under prison procedure, postage is put on…