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STATE v. CARROLL

TM0921653; A146784.

290 P.3d 864 (2012)

253 Or. App. 265

STATE of Oregon, Plaintiff-Respondent, v. Boyd Robert CARROLL, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 7, 2012.

Attorney(s) appearing for the Case

Chris W. Dunfield , Corvallis, argued the cause and filed the brief for appellant.

Andrew M. Lavin , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

WOLLHEIM, J.

The issue here is whether the legislature's 2009 amendment of ORS 813.215, which increased the "look-back" period from 10 to 15 years for eligibility for diversion on a charge of misdemeanor driving under the influence of intoxicants (DUII), ORS 813.010, results in an ex post facto violation when applied retroactively to defendant. Defendant was convicted of DUII based on conduct that occurred in December 2009. At that time a person could be eligible...

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