Find Court Cases > A140048 State v. Parker

A140048 State v. Parker

Case Date: 04/21/2010
Docket No: 087107A140048

Download A143586 State v. Dalby.pdf

FILED: April 21, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

COREY LYNN PARKER,

Defendant-Appellant.

Tillamook County Circuit Court
087107
A140048

Mari Garric Trevino, Judge.

Submitted on January 28, 2010.

Peter Gartlan, Chief Defender, and Zachary Lovett Mazer, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Jamie K. Contreras, Assistant Attorney General, filed the brief for respondent.

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

HASELTON, P. J.

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.

HASELTON, P. J.

Defendant, who was convicted of driving while under the influence of intoxicants (DUII), ORS 813.010, appeals, challenging the trial court's determination that he was ineligible for diversion because he had "participate[d]" in a diversion or rehabilitation program within the previous 10 years.