Defendant appeals his convictions on two counts of sodomy in the first degree. He assigns error to the denial of his motion to dismiss the charges for failure of the state to bring him to trial within 90 days after it received notice from him requesting a speedy trial. ORS 135.763.

The state concedes that this case is controlled by State v. Gilliland, 90 Or App 477, 752 P2d 1255 (1988), and that defendant’s motion to dismiss should have been granted.

Reversed.