STATE v. LYMAN


569 P.2d 39 (1977)

30 Or.App. 955

STATE of Oregon, Respondent, v. Chauncey Ray LYMAN, Appellant.

Court of Appeals of Oregon.

Decided September 12, 1977.


Attorney(s) appearing for the Case

Edward N. Fadeley, Eugene, argued the cause and filed the briefs for appellant.

Thomas H. Denney, 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 RICHARDSON and JOHNSON, JJ.


RICHARDSON, Judge.

Defendant appeals his conviction for the traffic crime of Driving Under the Influence of Intoxicants. He was charged with the traffic crime under the provisions of ORS 484.365, which provides that conduct which would otherwise be a Class A traffic infraction is a Class A misdemeanor if the defendant has been convicted of any Class A traffic infraction or traffic crime within the five-year period immediately preceding the commission of the offense...

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