State v. Harberts

*74LEESON, J.

This is an automatic and direct review of a judgment of conviction and a sentence of death. Former ORS 163.150(l)(g) (1993), renumbered as ORS 138.012(1); ORAP 12.10(1). Defendant seeks reversal of his conviction on three counts of aggravated murder for the death of a young child. ORS 163.095; ORS 163.115. Defendant was arrested and placed in jail on July 14, 1989. His trial did not begin until July 12,1994, nearly five years later. Under Article I, section 10, of the Oregon Constitution, the state must bring a defendant to trial “without delay.” We hold that, under'the…