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STATE v. BOYER

264385; CA A40964.

743 P.2d 1116 (1987)

87 Or.App. 643

STATE of Oregon, Respondent, v. Pamela Jean BOYER, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted June 3, 1987.

Decided October 14, 1987.

Attorney(s) appearing for the Case

Richard F. Alway, Salem, argued the cause and filed the brief for appellant.

Douglas F. Zier, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Resubmitted In Banc June 3, 1987.

RICHARDSON, Judge.

Defendant was charged with driving under the influence of intoxicants. Former ORS 487.540 (now ORS 813.010). She petitioned for diversion under former ORS 484.450 (now ORS 813.200), but the trial court denied the petition, because she had been convicted of DUII in 1978. She was convicted on the present charge after a trial on stipulated facts. She appeals, contending that the court erred...

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