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STATE v. GRENVIK

Nos. T79 5-2472, T79 5-2473; CA 17668.

618 P.2d 460 (1980)

48 Or.App. 939

STATE of Oregon, Respondent, v. Marvin Duane GRENVIK, Appellant.

Court of Appeals of Oregon.

Decided October 27, 1980.

Attorney(s) appearing for the Case

William K. Uhle, Oregon City, argued the cause and filed the brief for appellant.

Robert D. Bulkley, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals his conviction in a jury trial for the traffic crime of driving under the influence of intoxicants (ORS 487.540). Prior to trial, the state requested a hearing to determine the admissibility of a prior conviction the state intended to offer to prove an element of the crime pursuant to ORS 484.365:

"(1) Any Class A traffic infraction, as defined in subsection (3) of this section, shall be prosecuted and be punishable...

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