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STATE v. CLEMENTS

010849481; A126974.

171 P.3d 988 (2007)

216 Or. App. 179

STATE of Oregon, Plaintiff-Respondent, v. James Rodney CLEMENTS, aka John Rodney Clements, aka James Leo Clements, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 7, 2007.

Attorney(s) appearing for the Case

Peter Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Stephanie Hortsch, Deputy Public Defender, Legal Services Division, Office of Public Defense Services, filed the opening brief for appellant. On the reply brief was Ingrid Swensen, Executive Director.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Paul L. Smith, Assistant Attorney General filed the brief for respondent.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

PER CURIAM.

Defendant appeals a conviction for misdemeanor driving while under the influence of intoxicants (DUII). ORS 813.010. He assigns error to the trial court's order permanently revoking his driving privileges pursuant to ORS 809.235(1)(b), which requires a court to order the permanent revocation of a person's driving privileges upon the person's third or subsequent conviction for misdemeanor DUII.1 He argues that, because his first...

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