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STATE v. REED

MI070621; A142284.

249 P.3d 557 (2011)

241 Or. App. 47

STATE of Oregon, Plaintiff-Appellant, v. Alina N. REED, Defendant-Respondent.

Court of Appeals of Oregon.

Decided February 23, 2011.

Attorney(s) appearing for the Case

Douglas F. Zier , Assistant Attorney General, argued the cause for appellant. With him on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Ryan T. O'Connor argued the cause for respondent. On the brief were Peter Gartlan , Chief Defender, and Elizabeth Corbridge Ranweiler , Deputy Public Defender, Office of Public Defense Services.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and LANDAU, Judge Pro Tempore.

BREWER, C.J.

The state appeals from the trial court's dismissal with prejudice of the charge in this case of driving under the influence of intoxicants (DUII), ORS 813.010, on the ground that defendant had successfully completed diversion. The state contends that the trial court erred in dismissing the case because defendant had failed to completely pay the filing fee associated with the diversion petition within the statutory one-year diversion period and she had...

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