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STATE v. ANNINO

No. T 78 5-2002; CA 16107.

613 P.2d 84 (1980)

46 Or.App. 743

STATE of Oregon, Respondent, v. David Paul ANNINO, Appellant.

Court of Appeals of Oregon.

Decided June 23, 1980.

Attorney(s) appearing for the Case

William K. Uhle, Oregon City, argued the cause and filed the brief for appellant.

Douglas F. Foley, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

JOSEPH, Presiding Judge.

Defendant appeals from his conviction in a jury trial for the crime of driving while under the influence of intoxicants (ORS 487.540). An omnibus hearing was held before trial to determine the admissibility of a prior conviction which the state intended to offer for the purpose of enhancing the charged offense from a traffic infraction to a misdemeanor under ORS 484.365 which provides:

"(1) Any class A traffic infraction, as defined...

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