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STATE v. YOUNG

0203-43264; A119790.

103 P.3d 1180 (2004)

196 Or. App. 708

STATE of Oregon, Respondent, v. Anthony Earl YOUNG, Appellant.

Court of Appeals of Oregon.

Decided December 29, 2004.

Attorney(s) appearing for the Case

Joshua B. Crowther, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Stacey RJ Guise, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and ARMSTRONG, Judge, and DEITS, Judge pro tempore.

LANDAU, P.J.

In this criminal case, defendant seeks reversal of his conviction for misdemeanor driving while under the influence of intoxicants (DUII). ORS 813.010. He argues that the trial court erred in concluding that he is not eligible for DUII diversion. We affirm.

The relevant facts are not in dispute. In 1998, defendant was charged with the possession of a controlled substance. He participated in a county "Stop" program; by successfully completing drug...

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