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STATE v. RODRIGUEZ

04065087C; A126339.

175 P.3d 471 (2007)

217 Or. App. 24

STATE of Oregon, Plaintiff-Respondent, v. Ruben E. RODRIGUEZ, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted August 8, 2007.

Decided December 19, 2007.

Attorney(s) appearing for the Case

Leland R. Berger, Portland, argued the cause for appellant. With him on the brief was Anthony L. Johnson.

Laura S. Anderson, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Jesse Wm. Barton, Salem, filed the brief amicus curiae for Gregory Alan Robben and Oregon Criminal Defense Lawyers Association.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges.

Resubmitted En Banc August 8, 2007.

LANDAU, J.

At issue in this case is the meaning of ORS 809.235(1)(b) (2003), amended by Or. Laws 2005, ch. 436, § 1,1 which provides that a court must order a person's driving privileges revoked either if the person is convicted of felony driving while under the influence of intoxicants (DUII) or "if the person is convicted of misdemeanor...

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