STATE v. SARRIUGARTE

No. 8111-3093; CA A28550.

674 P.2d 82 (1984)

66 Or.App. 406

STATE of Oregon, Respondent, v. Dennis SARRIUGARTE, Appellant.

Court of Appeals of Oregon.

Decided January 11, 1984.


Attorney(s) appearing for the Case

Richard W. Condon, Salem, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Roy Pulvers, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.


RICHARDSON, Presiding Judge.

Defendant appeals his conviction for "careless driving," a class B traffic infraction under ORS 487.235. He assigns as error the trial court's denial of his motion to dismiss. ORS 487.235(1) provides:

"A driver shall not drive a vehicle upon a highway or premises open to the public, as defined in ORS 487.535(2) in a manner that endangers or would be likely to endanger any person or property." (Emphasis supplied.) ...

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