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STATE v. CAVANER

03CR0073FE; A124871.

135 P.3d 402 (2006)

206 Or. App. 131

STATE of Oregon, Appellant, v. Travis J. CAVANER, Respondent.

Court of Appeals of Oregon.

Decided May 17, 2006.

Attorney(s) appearing for the Case

Seann C. Colgan, Assistant Attorney General, argued the cause for appellant. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Bethany Cunningham, Assistant Attorney General.

David O. Ferry, Deputy Defender, argued the cause for respondent. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ORTEGA, Judge.

LANDAU, P.J.

Defendant was charged with third-degree assault, ORS 163.165(1)(a), and driving under the influence of intoxicants (DUII), ORS 813.010, based on an incident in which he drove while intoxicated and became involved in an accident, seriously injuring another driver. The state filed a motion in limine requesting that the court allow evidence of defendant's past participation in a DUII diversion program, arguing that the evidence was relevant for the...

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