ROBERTS, Judge.
This is an appeal from an order of the circuit court dismissing the state's complaint which sought to have defendant judged an habitual traffic offender pursuant to ORS 484.700 et seq.
ORS 484.705(1)(a)(C) defines "habitual offender" as any person who, within a five-year period, has been convicted of three or more instances of driving a motor vehicle with a suspended license. ORS 484.730 provides in part:
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