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STATE v. PROBST

(CC CR00494; CA A115154; SC S51760).

124 P.3d 1237 (2005)

339 Or. 612

STATE of Oregon, Petitioner on Review, v. Deborah Lynn PROBST, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided December 22, 2005.

Attorney(s) appearing for the Case

Doug M. Petrina, Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Anne Fujita Munsey, Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Peter Gartlan, Chief Defender, and Peter A. Ozanne, Executive Director, Office of Public Defense Services.

GILLETTE, J.

This is a case of felony driving under the influence of intoxicants (DUII). The offense is a felony because defendant has been convicted of DUII on three previous occasions. Each of those three predicate convictions is an element of the charged offense. Defendant, however, has collaterally attacked the constitutional validity of one of the predicate convictions. The issue before us is whether the burden of persuasion...

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