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STATE v. NAVE

MI050240; A129010.

164 P.3d 1219 (2007)

214 Or. App. 324

STATE of Oregon, Plaintiff-Respondent, v. Donald Joe NAVE, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 1, 2007.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Kristin Carveth, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Robert M. Atkinson, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

LANDAU, P.J.

Defendant pleaded guilty to driving under the influence of intoxicants (DUII), ORS 813.010. Because this is his third DUII conviction, the trial court permanently revoked defendant's driving privileges pursuant to ORS 809.235(1)(b) (2003), amended by Or. Laws 2005, ch. 436, § 1. Defendant now appeals, challenging the constitutionality of the statute that requires the permanent revocation of his driving privileges. The state argues that, because...

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