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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