STATE v. OLSON

CR6-1893-20; CA A43999.

754 P.2d 630 (1988)

91 Or.App. 312

STATE of Oregon, Respondent, v. Elwood OLSON, Appellant.

Court of Appeals of Oregon.

Decided May 18, 1988.


Attorney(s) appearing for the Case

Thomas J. Crabtree, Bend, argued the cause for appellant. With him on the brief was Crabtree & Rahmsdorff, Bend.

Martin C. Dolan, 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 RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


PER CURIAM.

Defendant appeals his conviction for driving under the influence of intoxicants. He asserts that the trial court erred in refusing to consider his petition for diversion. We vacate the judgment of conviction and remand for consideration of defendant's diversion request.

Former ORS 813.210(4)(a) provided that a trial court may not consider a petition for diversion if the defendant had been convicted of a previous DUII within a ten-year period...

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