STATE v. SICKLES

M 710015; CA A40834.

736 P.2d 223 (1987)

85 Or.App. 353

STATE of Oregon, Respondent, v. Dee Jay SICKLES, Appellant.

Court of Appeals of Oregon.

Decided May 6, 1987.


Attorney(s) appearing for the Case

Glenn N. Solomon, Salem, argued the cause and filed the brief for appellant.

Jens Schmidt, 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.

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


YOUNG, Judge.

After a bench trial, defendant was convicted of driving while suspended (DWS). ORS 811.175. He appeals, arguing that the trial court erred in rejecting his affirmative defense of lack of notice. We reverse and remand.

The parties stipulated that on April 17, 1986, defendant was driving a motor vehicle on a public highway while his driver's license was suspended. Defendant raised a lack of notice defense. At trial he testified that on February...

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