No. C 81-01-30059; CA A22470.

648 P.2d 866 (1982)

58 Or.App. 286

STATE of Oregon, Respondent, v. Gary Morris GRAVES, Appellant.

Court of Appeals of Oregon.

Decided July 21, 1982.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Robert E. Barton, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

Defendant was convicted of forgery in the first degree. He argues on appeal that the trial court erred by denying his motion for drug diversion pursuant to ORS 430.450 et seq. and ORS 135.881 et seq. We affirm.

Prior to trial, defendant moved the court for drug diversion in lieu of prosecution. A hearing was held on the motion, at which time the district attorney informed the court that defendant did not qualify for...

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