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STATE v. TALLEY

08685; A141492.

234 P.3d 153 (2010)

236 Or. App. 123

STATE of Oregon, Plaintiff-Respondent, v. Daniel C. TALLEY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 23, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Daniel C. Bennett, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Stacey RJ Guise, Senior Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

PER CURIAM.

Defendant was charged with driving while under the influence of intoxicants (DUII) for an incident that occurred in August 2008. He then petitioned to enter a DUII diversion program. See ORS 813.210(1) (providing that, "[a]fter an accusatory instrument has been filed charging the defendant [with DUII], a defendant may file with the court a petition for a [DUII] diversion agreement described in ORS 813.200"). The state, in opposition, urged the court...

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