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STATE v. GRENVIK

Nos. T79 5-2472, T79 5-2473; CA 17668; SC 27454.

628 P.2d 1195 (1981)

291 Or. 99

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

Supreme Court of Oregon, In Banc.

Decided May 27, 1981.

Attorney(s) appearing for the Case

William Uhle, Oregon City, argued the cause and filed a brief for petitioner.

James E. Mountain, Jr., 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., William F. Gary, Deputy Sol. Gen., and Robert D. Bulkley, Asst. Atty. Gen., Salem.

TANZER, Justice.

Defendant appeals his conviction in a jury trial for the traffic crime of driving under the influence of intoxicants. ORS 487.540. Defendant was convicted of a Class A misdemeanor pursuant to ORS 484.365(1), which provides:

"Any Class A traffic infraction, as defined in subsection (3) of this section, shall be prosecuted and be punishable as a Class A misdemeanor if the defendant has been convicted of a Class A traffic infraction, as defined...

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