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STATE v. KAMALI

29326A; CA A64414.

806 P.2d 728 (1991)

106 Or. App. 230

STATE of Oregon, Respondent, v. Sayed Mohammed Fateh KAMALI, Appellant.

Court of Appeals of Oregon.

Decided March 6, 1991.

Attorney(s) appearing for the Case

Henry M. Silberblatt, Salem, argued the cause, for appellant. With him on the brief, was Sally L. Avera, Public Defender, Salem.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause, for respondent. With him on the brief, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

ROSSMAN, Judge.

Defendant appeals his conviction for driving under the influence of intoxicants, ORS 813.010, arguing that the sentence imposed exceeds the maximum allowed by law. ORS 138.040(1)(b)(A). The issue is whether the trial court was authorized to suspend defendant's driver's license for three years, pursuant to ORS 809.420(2), which provides, in part:

"(2) * * * The period of suspension or revocation under this schedule shall be: "(a)...

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