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STATE v. HURD

200005768; A111275.

49 P.3d 107 (2002)

182 Or. App. 361

STATE of Oregon, Respondent, v. Jack Verl HURD, Appellant.

Court of Appeals of Oregon.

Decided July 3, 2002.

Attorney(s) appearing for the Case

David E. Groom, Acting Executive Director, Public Defense Services, and Robin A. Jones, Senior Deputy Public Defender, filed the brief for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Jennifer S. Lloyd, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.

BREWER, J.

Defendant appeals from his sentence on a conviction for felony driving under the influence of intoxicants (DUII). ORS 813.010. He asserts that the sentence violates the ex post facto prohibitions of the United States Constitution and the Oregon Constitution,1 because, in calculating his criminal history score, the trial court applied a sentencing guideline rule, OAR 213-004-0009 (1999), that reclassified the crime seriousness...

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