Oregon Appellate Court, February 24, 2021
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)