State v. GLUSHKO

ORS 135.747 provides that,

“[i]f a defendant charged with a crime, whose trial has not been postponed upon the application of the defendant or by the consent of the defendant, is not brought to trial within a reasonable period of time, the court shall order the accusatory instrument to be dismissed.”

The issue in these two cases is whether defendants’ failures to appear at scheduled hearings amount to “consent” to a delay in proceedings within the meaning of that statute, and, if not, whether any delays caused by such failures to appear were nevertheless reasonable. We conclude that a mere…