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STATE v. TUTER

MI100343; A147218.

314 P.3d 285 (2013)

259 Or. App. 338

STATE of Oregon, Plaintiff-Respondent, v. Andrew Wayne TUTER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 14, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Erik Blumenthal , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Inge D. Wells , Senior Assistant Attorney General, filed the brief for respondent.

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

WOLLHEIM, J.

Defendant was charged with driving under the influence of intoxicants (DUII), ORS 813.010. The trial court determined that defendant was ineligible for a DUII diversion program because he had previously participated in a drug treatment program as a result of a juvenile court disposition. Following the denial of his petition for diversion, defendant entered a conditional guilty plea for DUII. On appeal, defendant contends that the trial court erred in...

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