Submitted January 22, 2014
Lincoln County Circuit Court No. 100958, Thomas O. Branford, Judge.
Peter Gartlan, Chief Defender, and Laura E. Coffin, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Andrew M. Lavin, Assistant Attorney General, filed the brief for respondent.
Before Sercombe, Presiding Judge, and Hadlock, Judge, and Tookey, Judge.
[265 Or.App. 280] HADLOCK, J.
Defendant appeals a judgment of conviction for misdemeanor driving under the influence of intoxicants (DUII). ORS 813.010. He assigns error to the trial court's denial of his motion to dismiss on speedy trial grounds under former ORS 135.747 (2011), repealed by Or Laws 2013, ch 431, § 1. We affirm, concluding that the state
bears responsibility for a total of 16 months of delay leading up to defendant's trial. Because most of the state-attributable delay is due to docket congestion for which the trial court gave a detailed and reasonable explanation, we conclude that defendant was brought to trial within a reasonable period of time.
The pertinent facts are undisputed. On March 8, 2010, the state charged defendant by information with DUII. On the same day, the trial court arraigned defendant and scheduled an " early resolution" hearing for April 19, 2010. At the April hearing, defense counsel told the court that the parties were waiting for the Oregon State Crime Laboratory to complete a report on a urine sample that the state had obtained from defendant. Defense counsel also indicated that she wanted more time to explore the option of diversion for defendant. The trial court set a " final resolution" hearing [265 Or.App. 281] for June 1, 2010. At that hearing, defense counsel told the court that the parties were still waiting for the results of the urinalysis. The court set a second " final resolution" hearing for June 21, 2010, at which defendant entered a plea of not guilty and the court scheduled defendant's case for trial on February 11, 2011. On February 10, 2011, the trial court cancelled the scheduled trial date and set a new trial date for June 22, 2011. On June 15, 2011, defendant moved for a continuance. The trial court granted the continuance and rescheduled the trial for November 23, 2011. On November 17, 2011, defendant moved for a second continuance. The trial court granted that continuance as well and rescheduled the trial for March 1, 2012.
On February 23, 2012, defendant moved to dismiss on speedy trial grounds under former ORS 135.747, arguing that the 24-month delay between his arraignment and trial was unreasonable. The trial court heard the parties' arguments on that motion on March 1, 2012, the date set for defendant's trial. The court denied the motion, concluding that the facts in the record " show why, in the circumstances of this case, the delay of sixteen months was reasonable."
The trial court explained in detail its reasons for denying defendant's dismissal motion, first addressing the circumstances that caused the 235-day delay between defendant's second " final resolution" hearing in June 2010 and the initial scheduled trial date on February 11, 2011. The court focused on two other cases on the court's docket. First, the court explained, an unusually long criminal trial in the spring of 2010 had consumed over three ...