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STATE v. RODARTE

CF980340, CF980144; A105240 (Control), A105284

35 P.3d 1116 (2001)

178 Or. App. 173

STATE of Oregon, Appellant, v. Jose Alejandro RODARTE, Respondent.

Court of Appeals of Oregon.

Decided November 21, 2001.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Andy Simrin, Deputy Public Defender, argued the cause for respondent. With him on the brief was David E. Groom, Public Defender.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LINDER, J.

In this consolidated appeal arising out of two charges of felony driving while suspended (FDWS), the state challenges orders excluding the evidence that defendant's driving privileges were suspended at the time in question. The only issue presented is whether ORS 809.410(4) authorizes suspension of a driver's license for a felony vehicular conviction1 that has been reduced to a misdemeanor pursuant to ORS 161.705(1). The trial...

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