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STATE v. ALVARADO-EK

011152956; A133407.

198 P.3d 971 (2008)

224 Or. App. 630

STATE of Oregon, Plaintiff-Respondent, v. Jose Eleuterio ALVARADO-EK, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 24, 2008.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Services Division, and Sarah E. Carpenter, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jamie K. Contreras, Assistant Attorney General, filed the brief for respondent.

Before ROSENBLUM, Presiding Judge, and BREWER, Chief Judge, and RICHARDSON, Senior Judge.

ROSENBLUM, P.J.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII), ORS 813.010. Defendant assigns error to the trial court's denial of his motion to dismiss on speedy trial grounds under ORS 135.747.1 We conclude that defendant failed to adequately preserve this argument at the trial court level and, therefore, we affirm.

The relevant facts are undisputed. Defendant was arrested for DUII, cited...

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