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STATE v. ORUETA

(CC MI062338; SC S54314).

164 P.3d 267 (2007)

343 Or. 118

STATE of Oregon, Plaintiff-Relator, v. Christopher Lee ORUETA, Defendant-Adverse Party.

Supreme Court of Oregon, En Banc.

Decided July 19, 2007.

Attorney(s) appearing for the Case

Paul L. Smith, Assistant Attorney General, Salem, argued the cause and filed the briefs for plaintiff-relator. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General. No appearance by defendant-adverse party. Andy Simrin, Salem, argued the cause and filed the brief for amicus curiae Oregon Criminal Defense Lawyers Association.

No appearance by defendant-adverse party.

Andy Simrin, Salem, argued the cause and filed the brief for amicus curiae Oregon Criminal Defense Lawyers Association.

KISTLER, J.

In this mandamus proceeding, the state contends that the trial court erred in allowing defendant to enter into a diversion agreement. Because defendant drove under the influence of intoxicants while he had a commercial driver's license, we agree with the state that he is not eligible for diversion. See ORS 813.215(7) (stating that limitation on diversion). The trial court erred in ruling otherwise, and we conclude that a peremptory writ should issue...

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