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Oregon Appellate Court--January 30, 2019

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by: Rankin Johnson IV • February 12, 2019 • no comments

Summarized by Rankin Johnson, OCDLA

SPEEDY TRIAL - Time excluded from calculation

Time during which defendant sought mandamus was excluded from speedy-trial calculation. Reversed on state's appeal.

Before his DUII trial, defendant issued subpoena duces tecum to the arresting officer, directing him to bring documents to court. The officer did not bring the documents, defendant sought a contempt finding, the court declined to issue a contempt finding, and defendant sought mandamus. The trial was stayed, on defendant's request, while mandamus was pending. The Court of Appeals held that, by statute, the duration of a defense-requested stay was excluded from the speedy-trial calculation.

State v. McGee 295 Or App 801 (January 30, 2019) (Armstrong) (Multnomah County, Wittmayer)

THEFT - Theft by receiving

Returning stolen property to a merchant for a refund is not theft by receiving. Reversed.

State v. Ellingson 295 Or App 815 (January 30, 2019) (Ortega) (Deschutes County, Forte)

SENTENCING - Trial penalty

Trial court plainly erred by increasing defendant's sentence because defendant exercised right to trial. Remanded for resentencing.

State v. Hainline 295 Or App 837 (January 30, 2019) (Per curiam) (Clackamas County, Miller)

== Case Reviews/Oregon Appellate Court -- January 16, 2019