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State v. Blevins

Court of Appeals of Oregon

June 18, 2014

STATE OF OREGON, Plaintiff-Respondent,
v.
MARK EUGENE BLEVINS, Defendant-Appellant

Submitted September 24, 2013.

Page 651

[Copyrighted Material Omitted]

Page 652

Polk County Circuit Court. 09P50276. Fred E. Avera, Judge.

Peter Gartlan, Chief Defender, and Laura A. Frikert, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Joanna L. Jenkins, Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Sercombe, Judge, and Hadlock, Judge.

OPINION

Page 653

[263 Or.App. 604] SERCOMBE, J.

Defendant appeals a judgment of conviction for misdemeanor driving under the influence of intoxicants (DUII), ORS 813.010, assigning error to the trial court's denial of his motion to dismiss on speedy trial grounds under former ORS 135.747 (2011), repealed by Or Laws 2013, ch 431, § 1.[1] We review for errors of law, State v. Johnson, 339 Ore. 69, 82-87, 116 P.3d 879 (2005), and reverse and remand for entry of judgment of dismissal.

The procedural facts pertinent to our analysis are undisputed. In March 2009, defendant and a passenger were injured in a single-vehicle crash. On April 7, 2009, defendant was charged by information with DUII, three other misdemeanors, and a violation: assault in the fourth degree, reckless driving, recklessly endangering another person, and possession of less than one ounce of marijuana.[2] A pretrial conference was held on May 8, 2009, and defendant indicated that he would likely be filing pretrial motions. Another pretrial conference was set for May 22, 2009, and trial was set for June 9, 2009.

On May 20, 2009, defendant filed a motion to controvert and a motion to suppress evidence. The motion to suppress stated that a memorandum in support would follow. The court continued the May 22, 2009, pretrial conference, and the motions were set to be heard on June 9, 2009. Just before that hearing, however, defendant filed a supplemental motion to suppress, a memorandum in support of the motion to suppress, and a memorandum in support of the motion to controvert. The state moved to continue the hearing set for June 9, 2009, over defendant's objection. The trial [263 Or.App. 605] court granted the continuance to provide the state an opportunity to respond to defendant's additional motion and arguments, and the court set a hearing for July 1, 2009.

On June 23, 2009, defendant filed a second supplemental motion to suppress evidence, and on June 25, defendant filed a third supplemental motion to suppress evidence, raising new issues. The state moved to continue the hearing set for July 1, 2009, and defendant objected. The court granted the state's motion and directed the parties to arrange a mutually acceptable hearing date. On July 13, 2009, the court set a status conference because no new hearing date had been set. At that status conference, a hearing date for defendant's pending motions was set for August 10, 2009. Defendant then filed a fourth supplemental motion to ...


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