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STATE v. MERSMAN

0300550CR; A126635.

172 P.3d 654 (2007)

216 Or. App. 194

STATE of Oregon, Plaintiff-Respondent, v. Marvin Lyle MERSMAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 28, 2007.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Jennelle Meeks Barton, Deputy Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Rolf C. Moan, Assistant Attorney General, filed the brief for respondent.

Before BREWER, Chief Judge, and ORTEGA, Judge, and DEITS, Judge pro tempore.

BREWER, C.J.

Defendant appeals a judgment of conviction for felony driving under the influence of initoxicants (DUII). ORS 813.010(5) provides that the offense of DUII is a felony "if the defendant has been convicted of driving while under the influence of intoxicants in violation of this section or its statutory counterpart in another jurisdiction" at least three times in the preceding 10 years. At issue in this case is whether defendant's two prior convictions under...

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