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WISE v. BLENSLY

571 P.2d 1261 (1977)

William Edward WISE, Appellant, v. Donald R. BLENSLY, District Court Judge, Respondent.

Court of Appeals of Oregon.

Denied December 5, 1977.

Attorney(s) appearing for the Case

M. Chapin Milbank, Salem, argued the cause for appellant. With him on the briefs was Schlegel, Milbank, Wheeler, Jarman & Hilgemann, Salem.

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen., and Kevin L. Mannix, Asst. Atty. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and JOHNSON, JJ.

JOHNSON, Judge.

Petitioner appeals from the trial court's denial of a writ of review seeking reversal of his Class A misdemeanor conviction for driving while under the influence of intoxicants, ORS 487.540. Petitioner was convicted pursuant to ORS 484.365, which provides:

"(1) Any offense that would otherwise be punishable as a Class A traffic infraction shall be prosecuted and be punishable as a Class A misdemeanor if the defendant has been convicted of...

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