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STATE v. DONOVAN

083840MI; A141100.

256 P.3d 196 (2011)

243 Or. App. 187

STATE of Oregon, Plaintiff-Respondent, v. Erin Elizabeth DONOVAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 25, 2011.

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 Douglas F. Zier , Assistant Attorney General, filed the brief for respondent.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and LANDAU, Judge pro tempore.

SERCOMBE, P.J.

Defendant appeals a judgment of conviction for driving while under the influence of intoxicants (DUII), ORS 813.010.1 She argues that the trial court erred in determining she was ineligible for diversion under ORS 813.215(1). That statute provides that a defendant charged with DUII is ineligible to participate in diversion if, among other things, the defendant has been convicted under the "statutory counterpart" to ORS 813...

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