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STATE v. VARGAS-GARCIA

MI040406; A133187.

174 P.3d 1046 (2007)

217 Or. App. 70

STATE of Oregon, Plaintiff-Appellant, v. Mario VARGAS-GARCIA, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 19, 2007.

Attorney(s) appearing for the Case

David B. Thompson, Senior Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

No appearance for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

The state appeals a trial court order1 dismissing the charge of driving under the influence of intoxicants (DUII) against defendant based on the court's conclusion that defendant had complied with the terms of a diversion agreement. According to the state, it is undisputed that defendant did not, in fact, comply with the terms of the agreement. We agree and reverse and remand.

The relevant facts are not in dispute...

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