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STATE v. BURTON

A181110.

562 P.3d 1135 (2025)

337 Or. App. 336

STATE of Oregon, Plaintiff-Respondent, v. Lucille Anne BURTON, Defendant-Appellant.

Court of Appeals of Oregon.

January 8, 2025.

Attorney(s) appearing for the Case

Emma McDermott, Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Oregon Public Defense Commission.

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

Before Aoyagi, Presiding Judge, Egan, Judge, and Joyce, Judge.

In this criminal case, defendant challenges her conviction, after a jury trial, for driving under the influence of intoxicants (DUII). ORS 813.010. In her sole assignment of error, defendant argues that the trial court erred when it denied defendant's petition to enter into DUII diversion, asserting that the COVID-19 state of emergency...

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