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STATE v. WILSON

MI080152; A144705.

270 P.3d 411 (2012)

247 Or. App. 761

STATE of Oregon, Plaintiff-Appellant, v. Carrie Lynn WILSON, Defendant-Respondent.

Court of Appeals of Oregon.

Decided February 1, 2012.

Attorney(s) appearing for the Case

Jennifer S. Lloyd, Attorney-in-Charge, Criminal Appeals, argued the cause for appellant. On the brief were John R. Kroger, Attorney General, David B. Thompson, Interim Solicitor General, and Denis M. Vannier, Assistant Attorney General.

Ingrid MacFarlane, Deputy Public Defender, argued the cause for respondent. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before ORTEGA, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

PER CURIAM.

The state appeals from the trial court's dismissal with prejudice of defendant's driving under the influence of intoxicants (DUII) charge, ORS 813.010 (2009),1 on the ground that defendant had successfully completed diversion. We reverse and remand.

On February 25, 2008, defendant entered a plea of guilty to the DUII charge and simultaneously petitioned to enter into the DUII diversion program. The court allowed the...

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