BEFORE GILLETTE, P.J., and ROBERTS and YOUNG, JJ.
GILLETTE, Presiding Judge.
Defendant appeals from a judgment of conviction for Driving While Under the Influence of Intoxicants (DUII). ORS 487.540. Because the defendant had been convicted of the same offense within the last five years, his present offense was prosecuted and punished as a misdemeanor. ORS 484.365.
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