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STATE v. ALLEN

567 P.2d 552 (1977)

30 Or.App. 275

STATE of Oregon, Appellant, v. Luke ALLEN, Respondent.

Court of Appeals of Oregon.

Decided August 1, 1977.

Attorney(s) appearing for the Case

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before SCHWAB, C.J., and THORNTON and LEE, J.

THORNTON, Judge.

The state appeals from an order sustaining defendant's demurrer to an information for driving while suspended or revoked. ORS 487.560.1 The issue presented is whether the information may properly contain an allegation that defendant's operator's license had been suspended as a result of a prior conviction for driving under the influence of intoxicants.

Count I of the information alleged:

"The said defendant...

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