WARREN, Judge.
Defendant appeals a DUII conviction, contending that the trial court erred in deciding that he was not entitled to diversion because of a prior DUII conviction. We affirm.
Defendant was cited on December 6, 1985, and petitioned for diversion. See ORS 813.200 to ORS 813.270. The trial court denied the petition, because the state introduced evidence that defendant had been convicted of DUII within ten years of the date of the present offense...
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