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STATE v. WRIGHT

037114; A124056.

131 P.3d 838 (2006)

204 Or. App. 724

STATE of Oregon, Respondent, v. Sherry Renee WRIGHT, Appellant.

Court of Appeals of Oregon.

Decided March 22, 2006.

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.

Janet A. Klapstein, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

HASELTON, P.J.

Defendant appeals from a conviction for misdemeanor driving while under the influence of intoxicants (DUII), ORS 813.010, assigning error to the trial court's denial of her petition to enter into a DUII diversion agreement. ORS 813.215. In seeking diversion, defendant had the burden of proving, inter alia, that she had not "participat[ed] in a [DUII] diversion program or in any similar alcohol or drug rehabilitation program," ORS 813.215...

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