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STATE v. HEATON

A168229.

483 P.3d 1209 (2021)

310 Or. App. 42

STATE of Oregon, Plaintiff-Respondent, v. John Robert HEATON, Defendant-Appellant.

Court of Appeals of Oregon.

March 17, 2021.

Attorney(s) appearing for the Case

Nora Coon, Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Peenesh Shah, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Lagesen, Presiding Judge, and Powers, Judge, and Sercombe, Senior Judge.

A jury found defendant guilty of felony driving under the influence of intoxicants (DUII) under ORS 813.011(1), which makes DUII a felony when a defendant has been convicted of DUII twice or more in the preceding 10 years. On appeal, defendant challenges his conviction and a fine imposed at sentencing. We affirm.

According...

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