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STATE v. ORTIZ

02062734C; A121193.

124 P.3d 611 (2005)

202 Or. App. 695

STATE of Oregon, Respondent, v. Armando ORTIZ, Appellant.

Court of Appeals of Oregon.

Decided November 23, 2005.

Attorney(s) appearing for the Case

Joshua B. Crowther, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Rolf C. Moan, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

ORS 813.010(5) provides that the offense of driving while under the influence of intoxicants (DUII) is a felony "if the defendant has been convicted of driving while under the influence of intoxicants in violation of this section or its statutory counterpart in another jurisdiction" at least three times in the preceding 10 years. At issue in this case is the meaning of the term "statutory counterpart." More specifically, it is whether a prior conviction...

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