State v. Emery

Defendant has petitioned for review of our decision that affirmed his conviction for illegal possession of a game mammal. We treat the petition as one for reconsideration, ORAP 9.15(1), and allow it.

Defendant moved to dismiss the complaint filed against him, arguing that he had been denied his right to a speedy trial under ORS 135.747 and Article I, section 10 of the Oregon Constitution. After his motion was denied, he was convicted. On appeal, we held that he was not denied his right to a speedy trial under the circumstances. We said:

“Here, the delay is not of such length that it is…