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STATE v. UNDERWOOD

MC86-1446; CA A42763.

756 P.2d 72 (1988)

91 Or.App. 668

STATE of Oregon, Respondent, v. Donald Franklin UNDERWOOD, Appellant.

Court of Appeals of Oregon.

Decided June 22, 1988.

Reconsideration Denied August 12, 1988.

Attorney(s) appearing for the Case

Michael R. Lehman, Coos Bay, argued the cause and filed the brief for appellant.

Timothy A. Sylwester, 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.

DEITS, Judge.

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 487.540. He assigns error to the trial court's denial of his motion for investigative expenses and his petition to enter a diversion program. We affirm.

Defendant was arrested for driving under the influence and was administered a breath test which indicated that he had a blood alcohol level of .18 percent. He filed a motion for investigative expenses to employ...

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