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STATE v. PARKER

087107; A140048.

230 P.3d 55 (2010)

235 Or. App. 40

STATE of Oregon, Plaintiff-Respondent, v. Corey Lynn PARKER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 21, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Zachary Lovett Mazer, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Jamie K. Contreras, Assistant Attorney General, filed the brief for respondent.

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

HASELTON, P.J.

Defendant, who was convicted of driving while under the influence of intoxicants (DUII), ORS 813.010, appeals, challenging the trial court's determination that he was ineligible for diversion because he had "participate[d]" in a diversion or rehabilitation program within the previous 10 years. ORS 813.215(1)(e) (2007).1 Defendant asserts, particularly, that, given uncontroverted evidence in the record that he had never submitted...

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