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STATE v. EWEN

M451579; CA A35969.

712 P.2d 183 (1986)

77 Or.App. 274

STATE of Oregon, Respondent, v. Laurie Rose EWEN, Appellant.

Court of Appeals of Oregon.

Argued and Submitted November 25, 1985.

Attorney(s) appearing for the Case

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

Terry Ann Leggert, Asst. Atty. Gen., Salem, argued the cause, for respondent. With her on brief were Dave Frohnmayer, Atty. Gen. and James E. Mountain, Jr., Sol. Gen., Salem.

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

PER CURIAM.

Defendant was convicted of driving under the influence of intoxicants. ORS 487.540. She appeals, arguing, inter alia, that the trial court erred in refusing to consider her for diversion under ORS 484.445 to ORS 484.480 on the ground that the request was made after trial and — in the trial court's view — diversion could not be granted after trial. The state concedes — and we agree — that neither the

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