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STATE v. MOLVER

05092004, A137070.

225 P.3d 136 (2010)

233 Or. App. 239

STATE of Oregon, Plaintiff-Respondent, v. Danny Lee MOLVER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 20, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Ryan T. O'Connor, Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Jamie K. Contreras, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

LANDAU, P.J.

Defendant was charged by indictment with felony driving while under the influence of intoxicants (DUII). ORS 813.010(5)(a). Before trial, he demurred to the indictment on the ground that the state failed to comply with what he contends is a requirement of ORS 813.326 to identify by date and location the three prior convictions on which the state intended to rely. The trial court disallowed the demurrer. Defendant then pleaded no contest and was convicted...

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