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STATE v. COLEMAN

574 P.2d 1147 (1978)

32 Or.App. 627

STATE of Oregon, Appellant, v. Frederick A. COLEMAN, Respondent.

Court of Appeals of Oregon.

Decided February 21, 1978.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Michael T. Muniz, Certified Law Student, Portland, argued the cause for respondent. On the brief were Charles J. Merten and Merten & Saltveit, Portland.

Before SCHWAB, C.J., and LEE and BUTTLER, JJ.

LEE, Judge.

The state appeals the district court ruling that defendant's prior conviction under former ORS 483.999 for driving with .15 percent or more by weight of alcohol in his blood is not relevant to defendant's present prosecution for driving while "under the influence of intoxicants" in violation of ORS 487.540 because the former is not one of the traffic offenses listed in ORS 484.3651 which converts a second offense to a

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