State v. Neal

Defendant moved to dismiss a criminal indictment after the state inadvertently failed to bring him to trial within the 90-day statutory period that was triggered by his request for a speedy trial. Defendant, who was incarcerated at all relevant times, contended that the state’s failure to try him within 90 days required the trial court to dismiss the criminal proceeding under ORS 135.760 to 135.765, set out below. The trial court concluded that there was good cause for the failure to try defendant within the statutory period and denied the motion. Defendant was convicted following a bench…