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STATE v. NICKEL

M437605; CA A40019.

732 P.2d 88 (1987)

83 Or.App. 508

STATE of Oregon, Respondent, v. Bonnie E.M. NICKEL, Appellant.

Court of Appeals of Oregon.

Decided January 28, 1987.

Attorney(s) appearing for the Case

Robert L. McKee, Portland, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

PER CURIAM.

Defendant was convicted of driving under the influence of intoxicants, former ORS 487.540, after trial by jury. After the verdict, she petitioned for diversion under former ORS 484.445. She argues that the trial court impermissibly refused to consider her petition on the ground that the request was made after trial and that diversion could not be granted after a conviction.

It is not entirely clear from the trial record whether the...

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