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STATE v. DEPRATI

A171806.

487 P.3d 58 (2021)

311 Or. App. 620

STATE of Oregon, Plaintiff-Respondent, v. Erick Wayne DEPRATI, Defendant-Appellant.

Court of Appeals of Oregon.

May 19, 2021.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Stacy M. Du Clos , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Robert M. Wilsey , Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.

Appealing a judgment of conviction for driving under the influence of intoxicants, ORS 813.010, defendant contends that the trial court erroneously terminated diversion and entered judgment pursuant to his plea. For the reasons stated in State v. Merrill, 311 Or.App. 487, ___ P.3d ___(2021), ORS 138.105(5) bars review of that contention...

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