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STATE v. BIBIANO

A172176.

486 P.3d 67 (2021)

311 Or. App. 220

STATE of Oregon, Plaintiff-Respondent, v. Ismael Nava BIBIANO, aka Ismael NavaBibiasno, 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 Stacy M. Du Clos, 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 Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.

Defendant appeals his convictions for driving under the influence of intoxicants (DUII), ORS 813.011 (Count 1), and misdemeanor driving while suspended, ORS 811.182 (Count 2). Although the misdemeanor was tried to the court, the DUII was tried before a jury, which returned a nonunanimous verdict. On...

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