STATE v. GRUHLKE

0200995CR; A127797.

162 P.3d 380 (2007)

214 Or. App. 169

STATE of Oregon, Plaintiff-Respondent, v. Cindy Ann GRUHLKE, aka Cindy Hoep, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 11, 2007.


Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Bronson D. James, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Susan G. Howe, Senior Assistant Attorney General, filed the brief for respondent.

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


PER CURIAM.

Defendant appeals her conviction, upon a conditional guilty plea, for driving under the influence of intoxicants, ORS 813.010. She argues that the trial court erred in denying her demurrer to the indictment. For the reasons that follow, we reverse and remand.

The indictment, which issued on November 1, 2004, alleged the crime to have occurred on or about April 20, 2002. Although the indictment had the word "amended" handwritten on it, it did not...

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