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STATE v. ROBERTS

210407921; A125584.

172 P.3d 651 (2007)

216 Or. App. 238

STATE of Oregon, Plaintiff-Respondent, v. Lisa Marie ROBERTS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 28, 2007.

Attorney(s) appearing for the Case

Joshua B. Crowther, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services. On the reply brief was Ingrid Swenson, Executive Director.

Paul L. Smith, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

ARMSTRONG, J.

Defendant appeals her conviction for driving under the influence of intoxicants (DUII). ORS 813.010. She assigns error to the trial court's order suspending her driving privileges for three years, arguing that the trial court erred in considering a prior out-of-state DUII conviction in calculating the length of that suspension under ORS 809.428. The state responds that defendant's challenge is beyond our scope of review, is not preserved and, in any...

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