STATE v. NAGEL


567 P.2d 585 (1977)

30 Or.App. 495

STATE of Oregon, Appellant, v. John Orin NAGEL, Respondent.

Court of Appeals of Oregon.

Decided August 17, 1977.


Attorney(s) appearing for the Case

John W. Burgess, 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.

Stephen S. Walker, Portland, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., THORNTON, J., and FORT, Senior Judge.


SCHWAB, Chief Judge.

This is an appeal by the state from a pretrial order that evidence of defendant's prior conviction for driving under the influence of intoxicants (DUII) will not be admissible in his forthcoming trial for driving while suspended (DWS) and DUII. Both DUII and DWS are divided into degrees. Defendant is charged with the more serious degree of both because of his prior DUII conviction. A statutory procedure, invoked by defendant, renders evidence...

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