STATE v. ABBEY

MI082045; A141099.

245 P.3d 152 (2010)

239 Or. App. 306

STATE of Oregon, Plaintiff-Respondent, v. Franklin David ABBEY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 8, 2010.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Carolyn Bys , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Joanna L. Jenkins , Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.


HASELTON, P.J.

Defendant, who pleaded guilty to driving under the influence of intoxicants (DUII) for riding a bicycle while intoxicated, ORS 813.010, appeals, assigning error to the trial court's revocation of his driving privileges pursuant to ORS 809.235(1)(b), the "three strikes" revocation statute. On appeal, defendant raises statutory and constitutional challenges to the use of a bicycling-related DUII as a basis for revocation of driving privileges...

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