State v. Person

Even though the state was ready to go to trial on April 11, 1990, the majority penalizes it by dismissing the indictment because of defendant’s inability to be ready for trial by that date. That holding constitutes an absurd construction of ORS 135.763. This court should overrule State v. *45Whiley, 84 Or App 385, 734 P2d 8 (1987), and construe the statute to comport with common sense.

On March 26, 1990, the trial court allowed defendant’s appointed counsel to withdraw and appointed new counsel. When new counsel was appointed, a member of the court staff took the trial off the court docket and…