County Circuit Court 201404292; A157452 Maurice K. Merten,
Submitted March 29, 2016
G. Lannet, Chief Defender, Criminal Appellate Section, and
Lindsey Burrows, Deputy Public Defender, Offce of Public
Defense Services, fled the brief for appellant.
F. Rosenblum, Attorney General, Paul L. Smith, Deputy
Solicitor General, and Karla H. Ferrall, Assistant Attorney
General, fled the brief for respondent.
Sercombe, Presiding Judge, and Tookey, Judge, and DeHoog,
Summary: Defendant appeals a judgment of conviction for
felony driving under the influence of intoxicants (DUII) and
driving while suspended (DWS), raising two assignments of
error. First, defendant contends that the trial court erred
by denying his motion to dismiss for lack of a speedy trial.
Second, defendant contends that the trial court erred by
failing to dismiss the DWS count because the statute of
limitations period had expired.
Because defendant failed to demonstrate that he suffered
actual prejudice that would warrant dismissal of the charges,
defendant was not denied a speedy trial in violation of
Article 1, section 10, of the Oregon Constitution or the
Sixth Amendment to the United States Constitution.
Furthermore, because defendant did not preserve his second
assignment of error, the Court of Appeals declined to review
that unpre-served claim of error.
appeals a judgment of conviction for felony driving under the
influence of intoxicants (DUII), ORS 813.011, and driving
while suspended (DWS), ORS 811.182. Defendant raises two
assignments of error. In his first assignment of error,
defendant contends that the trial court erred by denying his
motion to dismiss for lack of a speedy trial. In his second
assignment of error, defendant contends that the trial court
erred by failing to dismiss the DWS count because the statute
of limitations period had expired. For the reasons that
follow, we affirm.
facts are largely procedural and stem from two separate case
numbers. On March 4, 2012, Lane County Sherriff's Deputy
Jahn stopped defendant for a headlight violation. Jahn
subsequently arrested defendant for DUII and DWS. Defendant
had previously been convicted of DUII in Lane County in 2011
and in Washington in 2002.
No 201204608: On March 5, 2012, the state filed an
information alleging that defendant had committed DWS and
felony DUII. However, on March 26, the state dismissed the
information pending a grand jury indictment. Defendant, who
had been held in custody since his arrest, was released upon
the state's dismissal of the information.
November 5, 2012, a grand jury indicted defendant. When
defendant did not appear for his arraignment, the trial court
issued a warrant for his arrest and defendant was
subsequently arrested on the warrant on December 20.
Defendant's trial was set for February 13, 2013; however,
the day before trial was set to begin, the lead prosecutor
sustained injuries in a car accident, and the state moved to
postpone the trial. Defendant opposed the state's motion
to postpone, arguing that defendant had been in custody since
his December 20 arrest. The trial court granted the
state's motion to postpone.
February 15, 2013, at a pretrial hearing, the trial court
ruled that evidence regarding defendant's out-of-state
Washington DUII conviction was inadmissible and the state
requested leave to file an interlocutory appeal. The trial
court granted the state's request and ordered defendant
to be released from custody. On April 18, 2013, the state