A135757 State v. Schatz

Case Date: 02/11/2009
Docket No: none

Download A143586 State v. Dalby.pdf

FILED: February 11, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

STEVEN KARL SCHATZ,

Defendant-Appellant.

Multnomah County Circuit Court
061154625
A135757

John A. Wittmayer, Judge.

Submitted on December 05, 2008.

Peter Gartlan, Chief Defender, and Margaret McWilliams, Deputy Public Defender, Legal Services Division, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Justice J. Rillera, Assistant Attorney General, filed the brief for respondent.

Before Haselton, Presiding Judge, and Armstrong, Judge, and Rosenblum, Judge.

PER CURIAM

Vacated and remanded with instructions for trial court to determine whether defendant should be permitted to enter into diversion and, if entry into diversion is denied, to reinstate defendant's conviction.

PER CURIAM

Defendant appeals his conviction for driving under the influence of intoxicants (DUII), ORS 813.010, arguing that the trial court erred in denying him the opportunity to enter into a diversion program.