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Oregon Appellate Court, February 24, 2021

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by: Rankin Johnson • February 24, 2021 • no comments

 

Summarized by Rankin Johnson, OCDLA

TIME LIMITATIONS - Pre-indictment delay

91-month delay between initial report and indictment was lawful, notwithstanding possible loss of contemporaneous police and therapy records. Affirmed.

The court explained that defendant had no non-speculative evidence that the records would help the defense. The sentencing court, however, plainly erred in failing to merge rape and sexual abuse.

State v. Benson 309 Or App 422 (February 24, 2021) (Ortega) (Linn County, Murphy)