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STATE v. KANESHIGE

CR020737; A122034.

132 P.3d 670 (2006)

205 Or. App. 48

STATE of Oregon, Respondent, v. Michael Kane KANESHIGE, Appellant.

Court of Appeals of Oregon.

Decided March 29, 2006.

Attorney(s) appearing for the Case

Jennelle M. Barton, Deputy Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Rolf C. Moan, 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 BREWER, Chief Judge, and ORTEGA, Judge.

PER CURIAM.

Defendant appeals a judgment of conviction for felony driving under the influence of intoxicants (DUII). ORS 813.010(5). He assigns error to the trial court's use of a prior DUII conviction, which was the result of an uncounseled "no contest" plea, in establishing that defendant had the requisite number of predicate convictions for felony DUII. Renewing an argument that he made to the trial court, defendant argues on appeal that, under the rule in State...

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