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STATE v. CARDEW

(97CR2593; CA A103359)

7 P.3d 631 (2000)

168 Or. App. 610

STATE of Oregon, Respondent, v. Patrick Owen CARDEW, Jr., Appellant.

Court of Appeals of Oregon.

Decided June 28, 2000.

Attorney(s) appearing for the Case

Andrew S. Chilton, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, DEITS, Chief Judge, and ARMSTRONG, Judge.

ARMSTRONG, J.

Defendant appeals from an order revoking his diversion agreement and from his subsequent conviction for driving under the influence of intoxicants (DUII), ORS 813.010(1)(a). He assigns error to the trial court's conclusion that he violated his diversion agreement by not attending his treatment program. We affirm.

Just after midnight on November 30, 1997, a police officer observed defendant driving erratically. The officer also noted that defendant...

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