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STATE v. LANDAHL

060140795; A146189.

292 P.3d 646 (2012)

254 Or. App. 46

STATE of Oregon, Plaintiff-Respondent, v. Robert James LANDAHL, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 12, 2012.

Attorney(s) appearing for the Case

David L. Sherbo-Huggins , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Matthew J. Lysne , Assistant Attorney in Charge, Criminal Appeals, argued the cause for respondent. With him on the briefs were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before BREWER, Presiding Judge, and WOLLHEIM, Judge, and DUNCAN, Judge.

BREWER, P.J.

Defendant, who appeals a judgment convicting him of driving under the influence of intoxicants (DUII), argues that the trial court erred in setting aside its previous dismissal of the charge and in entering a judgment based on his guilty plea made upon his entry into a diversion program. Defendant asserts that we have jurisdiction over this appeal pursuant to ORS 138.050(1)(a). The state asserts that we do not. As explained below, we conclude that the...

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