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STATE v. ELLIS

06CR1711; A135168.

199 P.3d 359 (2008)

224 Or. App. 478

STATE of Oregon, Plaintiff-Respondent, v. Shon Justin ELLIS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 24, 2008.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Service Division, and Marc D. Brown, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Stacey RJ Guise, Assistant Attorney General, filed the brief for respondent.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.

BREWER, C.J.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII) following the entry of his conditional guilty plea, assigning error to the trial court's denial of his petition for diversion under ORS 813.215(4). Because defendant had participated in a diversion program with respect to a previous DUII charge within 10 years before the commission of the present offense, we conclude that he was ineligible for diversion in this case...

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