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STATE v. SHEVYAKOV

A167831.

489 P.3d 580 (2021)

311 Or. App. 82

STATE of Oregon, Plaintiff-Respondent, v. Dimitry Fedorivch SHEVYAKOV, Defendant-Appellant.

Court of Appeals of Oregon.

May 5, 2021.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Brett J. Allin, Deputy Public Defender, Office of Public Defense Services, filed the brief for Appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and E. Nani Apo, Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Presiding Judge, and Powers, Judge, and Hadlock, Judge pro tempore.

Defendant fell asleep at the wheel while parked at an intersection in Fairview. The ensuing encounter with police led, ultimately, to convictions for driving under the influence of intoxicants (DUII), ORS 813.010 (Count 1); unlawful possession of heroin, ORS 475.854 (Count 2); and unlawful possession of a controlled substance, ORS...

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