State v. Johnson

This case concerns whether ORS 135.747, the statutory speedy trial provision, applies to a second trial in the same case. Defendant was convicted of misdemeanor driving under the influence of intoxicants, ORS 813.010, by a jury in a Douglas County justice court. He appealed the conviction to the circuit court, obtaining the right to a trial de novo on the criminal charge. Before the second trial, defendant twice moved for a dismissal of the case under ORS 135.747. The trial court denied both motions. Defendant was convicted again following a jury trial in circuit court. On appeal, defendant…