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STATE v. KELLAR

(CC 08CR0241; CA A139320; SC S058369).

247 P.3d 1232 (2011)

349 Or. 626

STATE of Oregon, Respondent on Review, v. Mark Allan KELLAR, Petitioner on Review.

Supreme Court of Oregon.

Decided February 17, 2011.

Attorney(s) appearing for the Case

Lindsey K. Detweiler , Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Rolf C. Moan , Assistant Attorney General, argued the cause and filed the brief for respondent on review. With him on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before DE MUNIZ, Chief Justice, and DURHAM, BALMER, KISTLER, WALTERS, and LINDER, Justices.

KISTLER, J.

In 1983, the legislature moved the prohibition against driving under the influence of intoxicants (DUII) from former ORS 487.540 to ORS 813.010.1 Later, the legislature provided for permanent revocation2 of a person's driver's license when, among other things, the person has been convicted for a third time of DUII "in violation of * * * ORS 813.010" or the law of another state. See

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