State v. Whiley

Defendant appeals from a judgment of conviction for carrying a concealed weapon, ORS 166.240, and being an ex-convict in possession of a weapon. ORS 166.270.1 He contends that the trial court erred in denying his motion to dismiss the charges against him, because the state failed to bring him to trial within 90 days of his request for a trial, as required by ORS 135.763. We reverse.

At the time of his arraignment on August 6, 1985, defendant was incarcerated at the Oregon State Penitentiary. On August 20, he gave written notice to the district attorney of Tillamook County, pursuant to ORS…