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STATE v. BRANSTETTER

No. 78-1-279; CA 11826.

600 P.2d 431 (1979)

42 Or.App. 109

STATE of Oregon, Appellant, v. Carl Dean BRANSTETTER, Respondent.

Court of Appeals of Oregon.

Decided September 17, 1979.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Donald L. Paillette, Asst. Atty. Gen., Salem.

John Henry Hingson III, Oregon City, argued the cause and filed the brief for respondent.

Before THORNTON, P.J., BUTTLER and JOSEPH, JJ., and PETERSON, Judge Pro Tempore.

THORNTON, Presiding Judge.

This is an appeal by the state from an order of the circuit court dismissing a Habitual Traffic Offender complaint charging defendant with having been convicted of three or more major traffic offenses within a five-year period. ORS 484.700 to 484.750.

The issue presented is: Can convictions under the former vehicle code for driving under the influence of intoxicating liquor (DUIL) and driving with .15 percent or more blood alcohol...

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