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STATE v. BENTLEY

0801338CR; A140594.

243 P.3d 859 (2010)

239 Or. App. 18

STATE of Oregon, Plaintiff-Respondent, v. Michael Dale BENTLEY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 24, 2010.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Jedediah Peterson , 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 HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

BREWER, C.J.

Defendant appeals a judgment of conviction for one count of driving under the influence of intoxicants (DUII). ORS 813.010. He assigns error to the trial court's denial of his petition to enter into a DUII diversion agreement. We review for legal error, ORS 138.220, and affirm.

Defendant was charged with DUII for an incident that occurred on July 10, 2008. Before that incident, defendant had been convicted of DUII in 1995 and, again, in 1998....

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