State v. Wirth

The state appeals from an order dismissing with prejudice a complaint charging defendant with harassment and careless driving. ORS 166.065; ORS 811.135. The trial court dismissed the case with prejudice for lack of a speedy trial. We reverse.

In July, 1990, defendant was charged with harassment and careless driving. After a pre-trial conference on September 21, 1990, the state filed a motion to dismiss the charges on the ground that there was not sufficient evidence to prove either offense. The trial court set the hearing on the motion for January 14,1991. On January 9, 1991, the newly elected…