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STATE v. THOMAS

TM 86-0896; CA A42432.

737 P.2d 143 (1987)

STATE of Oregon, Respondent, v. Bradley Steven THOMAS, Appellant.

Court of Appeals of Oregon.

Decided May 20, 1987.

Attorney(s) appearing for the Case

Mark D. Donahue, Corvallis, argued the cause and filed the brief for appellant.

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

Before WARDEN, P.J., and JOSEPH, C.J., and VAN HOOMISSEN, J.

VAN HOOMISSEN, Judge.

Defendant appeals from the trial court's denial of his post-trial petition for DUII diversion. See ORS 813.200 et seq. He contends that the trial court erred in denying his petition. We affirm.

Defendant was arrested for DUII on February 20, 1986, and was arraigned on March 11. He pled not guilty. On March 18, he moved for a jury trial within 30 days or, in the alternative, that the court find

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