RICHARDSON, Judge.
Defendant appeals a judgment that he is an Habitual Traffic Offender. ORS 484.700 to 484.750. He contends a dismissal of a previous complaint, alleging the same cause of action, is a bar to the complaint in this case.
On June 17, 1977, the plaintiff filed a complaint alleging defendant was an habitual traffic offender based on five prior convictions under the traffic code. One conviction was alleged as follows:
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