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STATE v. TOOLEY

Nos. CA A27115; SC S30051.

687 P.2d 1068 (1984)

297 Or. 602

STATE of Oregon, Respondent On Review, v. Timothy Scott TOOLEY, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided August 28, 1984.

As Modified on Denial of Rehearing November 20, 1984.

Attorney(s) appearing for the Case

Lawrence W. Erwin, Bend, argued the cause and filed the brief, for petitioner on review.

Margaret E. Rabin, Asst. Atty. Gen., Salem, argued the cause, for respondent on review. With her on the brief were Dave Frohnmayer, Atty. Gen., and James F. Mountain, Jr., Sol. Gen., Salem.

ROBERTS, Justice.

The question is whether an erroneous license revocation properly may form the basis for a conviction for driving while revoked.

The Motor Vehicles Division (Division) revoked defendant's license to drive, under authority of ORS 482.430(1)(c), 482.440 and 486.211(3)(c).1 These statutes provide, in brief, that the Division must revoke a person's license "upon receiving...

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