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STATE v. LAGRASSA

210726449; A138223.

230 P.3d 96 (2010)

235 Or. App. 150

STATE of Oregon, Plaintiff-Respondent, v. Eric Wayne LAGRASSA, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 28, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Appellate Division, and Erica Herb, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Stacey RJ Guise, Senior Assistant Attorney General, filed the brief for respondent.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and DEITS, Senior Judge.

SERCOMBE, P.J.

Defendant appeals a judgment of conviction for one count of driving under the influence of intoxicants (DUII), ORS 813.010. He assigns error to the trial court's denial of his petition to enter into a DUII diversion agreement. We review for legal error, ORS 138.220, and affirm.

The parties stipulated to the following facts. On November 24, 2007, in Lane County, Oregon, defendant unlawfully drove a motor vehicle on a public highway or premises...

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