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STATE v. MINK

567 P.2d 1033 (1977)

30 Or.App. 339

STATE of Oregon, Respondent, v. David Lee MINK, Appellant.

Court of Appeals of Oregon.

Decided August 8, 1977.

Attorney(s) appearing for the Case

William A. Barton, Newport, argued the cause for appellant. With him on the brief was Barton & Armbruster, Newport.

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

Before SCHWAB, C.J., and TANZER and RICHARDSON, JJ.

SCHWAB, Chief Judge.

Defendant was charged with the crime of driving under the influence of intoxicants (DUII). He waived his right to jury trial and was tried to the court. The court found defendant not guilty of the crime of DUII, but guilty of the traffic infraction of DUII.1 Defendant contends on appeal that the traffic infraction of DUII is not a lesser-included offense of the crime of DUII...

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