State v. Garner

The state appeals from an order dismissing, on statutory speedy trial grounds, ORS 135.747,1 a complaint for misdemeanor driving under the influence of intoxicants (DUII), ORS 813.010, that had been filed over four years earlier. In so ruling, the trial court determined that time incurred before this court in the context of the state’s earlier successful appeal of a prior dismissal on former jeopardy grounds, State v. Garner, 234 Or App 486, 228 P3d 710, rev den, 348 Or 621 (2010) {Garner I), was “unreasonable” so as to compel dismissal under ORS 135.747. As amplified below, we conclude that,…