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STATE v. CARTER

No. E78-1702; CA 14968.

608 P.2d 570 (1980)

45 Or.App. 301

STATE of Oregon, Respondent, v. Lloyd Franklin CARTER, Appellant.

Court of Appeals of Oregon.

Decided March 17, 1980.

Attorney(s) appearing for the Case

Jack L. Banta, Roseburg, argued the cause for the appellant. With him on the brief was Spence & Banta, Roseburg.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.

GILLETTE, Judge.

This is a proceeding under the Habitual Traffic Offenders Act, ORS 484.700 to ORS 484.750. Defendant appeals from an order finding him to be an habitual traffic offender under the act. We reverse.

ORS 484.705(1) defines an "habitual offender":

"(1) As used in ORS 484.700 to 484.750, unless the context requires otherwise, "habitual offender" means any person, resident or nonresident, who within a five-year period, has been convicted...

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