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STATE v. HARDT

85-0290; CA A37992.

726 P.2d 953 (1986)

81 Or. App. 607

STATE of Oregon, Appellant, v. Daniel Kaye HARDT, Respondent.

Court of Appeals of Oregon.

Decided October 15, 1986.

Reconsideration Allowed December 31, 1986.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

John P. Daugirda, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

The state appeals from an order granting defendant's motion to dismiss an indictment charging defendant with violating an habitual traffic offender order. Former ORS 484.740.1 We affirm.

Defendant was convicted of driving under the influence of intoxicants (DUII) on May 13, 1977. On August 23, 1978, he was convicted of driving while suspended (DWS). On February 21, 1979, he was again convicted of DUII. The...

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