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STATE v. WERNER

A162047.

424 P.3d 809 (2018)

292 Or.App. 397

STATE of Oregon, Plaintiff-Respondent, v. Michael WERNER, aka Michael Joseph Werner, Defendant-Appellant.

Court of Appeals of Oregon.

June 13, 2018.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Erin J. Snyder Severe , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

Defendant appeals a judgment convicting him of felony driving under the influence of intoxicants (DUII), ORS 813.011, as well as other crimes. Under ORS 813.011(1), DUII becomes a Class C felony if the defendant has been convicted of DUII at least two times in the 10 years prior to the date of the current offense. On appeal, defendant...

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