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STATE v. ROWLAND

TM0621557; A140107.

228 P.3d 670 (2010)

234 Or. App. 494

STATE of Oregon, Plaintiff-Appellant, v. Joshua Delray ROWLAND, Defendant-Respondent.

Court of Appeals of Oregon.

Decided March 31, 2010.

Attorney(s) appearing for the Case

Christina M. Hutchins, Senior Assistant Attorney General, argued the cause for appellant. With her on the brief were John R. Kroger, Attorney General, and Erika L. Hadlock, Acting Solicitor General.

Daniel C. Bennett, Deputy Public Defender, argued the cause for respondent. With him on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

The state appeals an order dismissing with prejudice a charge of driving under the influence of intoxicants (DUII). Defendant was charged by information with DUII and reckless driving. Defendant entered a diversion program, and the state dismissed the reckless driving charge. Before the diversion period ended, defendant moved for an extension of the diversion period, which the court granted. The trial court subsequently held a hearing on an order to show...

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