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STATE v. MARQUETTE

No. DU7549; CA 12403.

592 P.2d 1062 (1979)

39 Or.App. 519

STATE of Oregon, Respondent, v. Robert Michael MARQUETTE, Appellant.

Court of Appeals of Oregon.

Decided April 2, 1979.

Attorney(s) appearing for the Case

Roger L. Hill, Tigard, argued the cause and filed the brief for appellant.

Robert C. Cannon, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Donald L. Paillette, Asst. Atty. Gen., Salem.

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

BUTTLER, Judge.

The defendant was involved in an automobile collision in April of 1977, and he was arrested on the charge of driving while under the influence of intoxicants (DUII), first offense. ORS 487.540. Before being tried on that charge, he was indicted on May 20, 1977 for assault in the second degree, based upon the same occurrence and, on September 1, 1977, was tried on that charge first. He was found guilty of...

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