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STATE v. CARSNER

No. J79-0816; CA 14826.

608 P.2d 560 (1980)

45 Or.App. 115

STATE of Oregon, Respondent, v. Edward J. CARSNER, Appellant.

Court of Appeals of Oregon.

Decided March 10, 1980.

Attorney(s) appearing for the Case

Thomas C. Bernier, Roseburg, argued the cause for appellant. On the brief was Joan Glawe Seitz, Asst. Public Defender, Roseburg.

Robert C. Cannon, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before JOSEPH, P.J., RICHARDSON, J., and SCHWAB, C.J.

RICHARDSON, Judge.

Defendant was charged in a District Attorney's Information entitled:

"Count I: FELONY DRIVING WHILE REVOKED [ORS 487.560(6)], Count II: DRIVING WHILE UNDER THE INFLUENCE OF INTOXICANTS [ORS 487.540(1)(b)], Count III: DRIVING WHILE UNDER THE INFLUENCE OF INTOXICANTS OVER .10% OF ALCOHOL IN BLOOD [ORS 487.540(1)(a)]."

The Information alleged that the charges all arose out of the same act and transaction. Defendant waived his right...

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