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STATE v. WYANT

No. 045045FE; A127518.

175 P.3d 988 (2007)

217 Or. App. 199

STATE of Oregon, Plaintiff-Appellant, Cross-Respondent, v. Casey Daniel WYANT, Defendant-Respondent, Cross-Appellant.

Court of Appeals of Oregon.

Decided December 26, 2007.

Attorney(s) appearing for the Case

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

Rebecca Duncan, Deputy Public Defender, argued the cause for respondent-cross-appellant. 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 WOLLHEIM and SERCOMBE, Judges.

EDMONDS, P.J.

In this criminal action, the state, pursuant to ORS 138.060(1)(c), appeals the trial court's pretrial ruling excluding evidence of defendant's prior convictions for driving while under the influence of an intoxicant (DOH). Defendant cross-appeals from the portion of the trial court's order allowing the state to offer into evidence testimony by one of the state's witnesses regarding defendant's participation...

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