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STATE v. PROBST

CR00494; A115154.

85 P.3d 313 (2004)

192 Or. App. 337

STATE of Oregon, Respondent, v. Deborah Lynn PROBST, Appellant.

Court of Appeals of Oregon.

Decided February 25, 2004.

Attorney(s) appearing for the Case

Anne Fujita Munsey, Deputy Defender, argued the cause for appellant. With her on the brief were David E. Groom, Acting Executive Director, and Jesse Wm. Barton, Chief Deputy Defender.

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.

BREWER, J.

Defendant appeals her conviction for felony driving under the influence of intoxicants (DUII). ORS 813.010(5).1 The charge was elevated to a felony because she had been convicted of misdemeanor DUII three times within the previous 10 years. Defendant filed a motion in limine to exclude one of the prior convictions, arguing that she had not validly waived her right to counsel in that case because there was no evidence...

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