STATE of Oregon, Plaintiff-Respondent,
v.
Robert Gordon RAWLEIGH, Defendant-Appellant.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Submitted February 27, 2008.
Decided September 3, 2008.
Attorney(s) appearing for the Case
Sarah E. Carpenter, Deputy Public Defender, argued the cause for appellant. On the briefs were Peter Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and John L. Susac, Deputy Public Defender, Office of Public Defense Services.
Rolf C. Moan, Assistant Attorney General, argued the cause for respondent. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.
Court of Appeals of Oregon.
LANDAU, P.J.
ORS 813.215(1) and (2)1 provide that a defendant is ineligible to participate in a diversion agreement following a charge of driving while under the influence of intoxicants (DUII) if, among other things, the defendant has a previous DUII conviction under ORS 813.010 or the "statutory counterpart" to ORS 813.010 in another jurisdiction within the last 10 years. In this case, defendant was charged with DUII, ORS 813.010. He...
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