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STATE v. SCHATZ

061154625; A135757.

202 P.3d 912 (2009)

225 Or. App. 688

STATE of Oregon, Plaintiff-Respondent, v. Steven Karl SCHATZ, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 11, 2009.

Attorney(s) appearing for the Case

Multnomah County Circuit Court; John A. Wittmayer, Judge.

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

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Justice J. Rillera, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

PER CURIAM.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII), ORS 813.010, arguing that the trial court erred in denying him the opportunity to enter into a diversion program. The state concedes the error. As explained below, we accept the state's concession as well founded. We therefore remand for further proceedings.

Defendant was charged in the present proceeding with DUII, alleged to have occurred

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