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STATE v. ROBISON

000748788, 040646827, A135591 (Control) A135592.

227 P.3d 169 (2009)

233 Or. App. 90

STATE of Oregon, Plaintiff-Respondent, v. Robert George ROBISON, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 30, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Services Division, and Travis Eiva, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting 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.

ORTEGA, J.

In this consolidated appeal, defendant appeals two judgments of conviction for driving while under the influence of intoxicants (DUII). ORS 813.010. Each DUII citation that defendant received specified an appearance date that was more than 30 days after the issuance of the citation, contrary to the requirements of ORS 133.060(1). Defendant contends that, as a result of that defect, the prosecution of those offenses was not timely commenced. For the reasons...

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