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STATE v. THOMAS

00FE0691AB; A113793.

66 P.3d 570 (2003)

187 Or. App. 192

STATE of Oregon, Respondent, v. Jon Alton THOMAS, Appellant.

Court of Appeals of Oregon.

Decided April 3, 2003.

Attorney(s) appearing for the Case

Walter J. Ledesma, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter A. Ozanne, Executive Director, Office of Public Defense Services.

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

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

LANDAU, P.J.

Defendant was convicted of third-degree assault, felony hit-and-run, misdemeanor driving under the influence of intoxicants (DUII), and reckless endangerment, arising out of an incident in which he drove intoxicated through a construction area, hit a flagger, and then fled the scene. Defendant had five prior convictions for misdemeanor DUII. At sentencing, the trial court relied on those five prior convictions...

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