STATE v. WINKLER

85-161-C; CA A38172.

722 P.2d 59 (1986)

80 Or. App. 455

STATE of Oregon, Respondent, v. William Perry WINKLER, Appellant.

Court of Appeals of Oregon.

Decided July 23, 1986.


Attorney(s) appearing for the Case

Michael Jewett and Jacobson, Jewett & Thierolf, Ashland, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Richard D. Wasserman, Asst. Atty. Gen., Salem, filed the brief for respondent.

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


PER CURIAM.

Defendant appeals from a judgment of conviction for driving under the influence of intoxicants (DUII). He argues that the trial court erred in denying him leave to file a diversion petition. We vacate the judgment of conviction and remand for consideration of defendant's diversion petition.

Former ORS 484.450(4)(a), (repealed by Or.Laws 1983, ch. 338, § 978), which was in effect at the relevant times, provides that the trial...

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