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STATE v. WEBER

CR1-1832; CA A82239.

895 P.2d 331 (1995)

134 Or. App. 390

STATE of Oregon, Respondent, v. Thomas WEBER, Appellant.

Court of Appeals of Oregon.

Decided May 17, 1995.

Attorney(s) appearing for the Case

Alan H. Biedermann, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

David E. Leith, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

HASELTON, Judge.

Defendant appeals from a conviction and sentence for driving under the influence of intoxicants. ORS 813.010. He argues that the trial court erred by sentencing him for DUII as Class A misdemeanor rather than as an infraction. We affirm.

On August 15, 1991, defendant was arrested for DUII and was issued a uniform traffic citation and complaint charging him with that offense. However, in writing the citation, the arresting officer inadvertently...

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