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STATE v. OELEIS

88CR-897; CA A51066.

786 P.2d 1322 (1990)

100 Or.App. 590

STATE of Oregon, Respondent, v. Terry Lee OELEIS, Appellant.

Court of Appeals of Oregon.

Decided February 21, 1990.

Attorney(s) appearing for the Case

Henry M. Silberblatt, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Ann Kelley, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Keith W. Wingfield, Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

PER CURIAM.

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010. He first contends that the court erred in denying his petition for diversion, because it incorrectly found that he was not eligible for diversion. In fact, the court found defendant eligible for diversion but nonetheless denied his petition pursuant to its discretionary authority. ORS 813.220; State v. Thomas, 85 Or.App. 460, 737 P.2d 143...

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