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STATE v. MITTELSTADT

CR5-0460-16; CA A38911.

728 P.2d 93 (1986)

82 Or.App. 366

STATE of Oregon, Respondent, v. Fred E. MITTELSTADT, Appellant.

Court of Appeals of Oregon.

Decided November 12, 1986.

Attorney(s) appearing for the Case

William Uhle, Portland, argued the cause and filed the brief for appellant.

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

Before BUTTLER, P.J., and RICHARDSON and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendant appeals his sentence for DUII, contending that the trial court should not have suspended his driver's license for one year, because his license had previously been suspended by the Motor Vehicles Division (MVD) for 90 days.1 He asks us to remand the case for resentencing to delete the court-imposed suspension. We affirm.

The facts are not disputed. Defendant was...

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