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STATE v. SIMS

97CR1061MA; A104178

31 P.3d 1129 (2001)

176 Or. App. 484

STATE of Oregon, Respondent, v. Michael Warner SIMS, Appellant.

Court of Appeals of Oregon.

Decided September 12, 2001.

Attorney(s) appearing for the Case

Dan Maloney, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Laura S. Anderson, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before HASELTON, Presiding Judge, and WOLLHEIM, Judge, and CENICEROS, Senior Judge.

WOLLHEIM, J.

Defendant appeals his conviction for felony driving while revoked. ORS 811.182. The issue before us is whether the trial court erred when it did not permit defendant to collaterally attack the habitual traffic offender (HTO) order upon which the felony driving while revoked charge was based. We conclude that it did. Accordingly, we reverse and remand.

In November 1997, defendant was arrested and charged with driving under the influence of intoxicants...

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