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STATE v. McKENZIE

016295FE; A118650.

97 P.3d 1242 (2004)

195 Or. App. 318

STATE of Oregon, Appellant, v. Jeremy Alex Wayne McKENZIE, Respondent.

Court of Appeals of Oregon.

Decided September 15, 2004.

Attorney(s) appearing for the Case

Jonathan Fussner, Assistant Attorney General, argued the cause for appellant. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Julie A. Smith, Assistant Attorney General.

Shawn Wiley, Deputy Public Defender, argued the cause for respondent. With him on the brief were Peter A. Ozanne, Executive Director, Office of Public Defense Services, and Peter Gartlan, Chief Defender.

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

ARMSTRONG, J.

The state appeals from an order suppressing evidence that it sought to introduce in a prosecution of defendant for felony driving under the influence of intoxicants (DUII). ORS 813.010(5). The evidence that the trial court suppressed concerned a 1997 Nevada case in which defendant was convicted of DUII. The court concluded that the Nevada conviction failed to meet the Oregon constitutional standard for a conviction involving a waiver of counsel. The...

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