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STATE v. STEHLE

575 P.2d 994 (1978)

33 Or.App. 115

STATE of Oregon, Respondent, v. John Francis STEHLE, Appellant.

Court of Appeals of Oregon.

Decided March 13, 1978.

Attorney(s) appearing for the Case

Edward L. Daniels, Daniels & Corrigall, Albany, filed the brief for appellant.

James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem, filed the brief for respondent.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.

SCHWAB, Chief Judge.

Defendant appeals from the trial court's order finding him to be a habitual traffic offender. Defendant contends on appeal that violations of the 55 miles per hour maximum speed limit should not be considered in determining whether an individual is a habitual traffic offender.

ORS 484.705(1)(b) provides:

"* * * `[H]abitual offender' means any person * * * who within a five-year period, has been convicted of or forfeited bail for...

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