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STATE v. OGLE

TC J79-1308, CA 15826, SC 27079.

630 P.2d 865 (1981)

291 Or. 364

STATE of Oregon, Respondent, v. Leroy OGLE, Petitioner.

Supreme Court of Oregon, In Banc.

Decided July 8, 1981.

Attorney(s) appearing for the Case

Dean Heiling, of Heiling & McIntosh, Roseburg, argued the cause and filed a brief for petitioner.

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

PER CURIAM.

Defendant appealed from a circuit court conviction for driving while his operator's license was suspended (DWS), ORS 487.560. He assigned as error the court's refusal to dismiss prosecution because the defendant had previously been convicted in municipal court of another offense which was charged against him on the same occasion, driving under the influence of intoxicants, ORS 487.540(1)(b). The Court of Appeals affirmed the DWS conviction.

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