Attorney(s) appearing for the Case
Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Marc D. Brown, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.
Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Laura S. Anderson, Senior Assistant Attorney General, filed the brief for respondent.
Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.
Court of Appeals of Oregon.
LANDAU, P.J.
Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010, challenging the lawfulness of the sentence. Defendant argues that ORS 809.235(1)(b) (2003), amended by Or. Laws 2005, ch. 436, § 1, which requires a court to permanently revoke a defendant's driving privileges if a person has been convicted of DUII "for a third time," does not apply in this case, because defendant already has three...
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