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STATE v. HEWITT

03-01-30037; A124555.

138 P.3d 873 (2006)

206 Or. App. 680

STATE of Oregon, Appellant, v. Walter V. HEWITT, Respondent.

Court of Appeals of Oregon.

Decided July 5, 2006.

Attorney(s) appearing for the Case

Joanna L. Jenkins, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Mary-Shannon Storey, Deputy Public Defender, argued the cause for respondent. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Before EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.

LINDER, J.

In this case, defendant was cited by police for misdemeanor driving while suspended (DWS)1 and felony driving under the influence of intoxicants (DUII).2 At arraignment, the prosecutor elected to reduce the misdemeanor DWS charge to a traffic violation, pursuant to ORS 161.566(1). Defendant failed to appear at the trial on the DWS violation, and a default...

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