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STATE v. McCOIN

MI00-0460, MI00-0552; A113653 (Control), A113654.

91 P.3d 760 (2004)

193 Or. App. 623

STATE of Oregon, Respondent, v. Allen McCOIN, Appellant.

Court of Appeals of Oregon.

Decided June 9, 2004.

Attorney(s) appearing for the Case

Rebecca Duncan, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Steven R. Powers, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Celeste Mountain, Certified Law Student.

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

LANDAU, P.J.

In this consolidated appeal, defendant challenges the sufficiency of the evidence on two convictions for second-degree failure to appear. In both cases, he failed to appear at hearings related to his driving under the influence of intoxicants (DUII) diversion agreement. He argues that the diversion agreement effectively stayed the underlying charges and that, as a result, his failure to appear was not "in connection with a charge" against him as provided...

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