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STATE v. BUTTREY

Nos. C80-10-33782, CC78-424; CA A20616; SC 28155.

651 P.2d 1075 (1982)

293 Or. 575

STATE of Oregon, Respondent On Review, v. Donna Jean BUTTREY, Appellant On Review.

Supreme Court of Oregon, In Banc.

Decided October 5, 1982.

Reargued September 7, 1982.

Attorney(s) appearing for the Case

John Daugirda, Deputy Public Defender, Salem, argued and reargued the cause for appellant on review. With him on the brief was Gary D. Babcock, Public Defender, Salem.

David B. Frohnmayer, Atty. Gen., Salem, argued and reargued the cause for respondent on review. With him on the brief were William F. Gary, Sol. Gen., and Rudolph S. Westerband, Asst. Atty. Gen., Salem.

PETERSON, Justice.

In State v. Stroup, 290 Or. 185, 620 P.2d 1359 (1980), we held that in a prosecution for driving while suspended, ORS 487.560, where the suspension is for failure to appear in court, the state is not required to prove, as an element of the offense, that the order of suspension was mailed to defendant. We also held that procedural due process did not require, as an element of...

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