STATE v. JOHNSTON

TF0021720; A114039

69 P.3d 1270 (2003)

188 Or. App. 80

STATE of Oregon, Appellant, v. Steven Craig JOHNSTON, Respondent.

Court of Appeals of Oregon.

Decided June 5, 2003.


Attorney(s) appearing for the Case

Doug M. Petrina, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

No appearance for respondent Steven Craig Johnston.

Ryan Scott, Gresham, argued the cause and filed the brief for amicus curiae Metropolitan Public Defenders, Inc., and Oregon Criminal Defense Lawyers Association.

Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN, Judges.


SCHUMAN, J.

Defendant was convicted of misdemeanor driving under the influence of intoxicants (DUII) six times between 1981 and February 17, 2000. This case is the state's appeal from the sentence that the trial court imposed on defendant after he was convicted of a seventh DUII on March 26, 2001. The court held that the sentence urged by the state (and agreed to by defendant as part of a plea agreement) would punish defendant twice for his earlier convictions: once...

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