State v. Werner

*398Defendant appeals a judgment convicting him of felony driving under the influence of intoxicants (DUII), ORS 813.011, as well as other crimes. Under ORS 813.011(1), DUII becomes a Class C felony if the defendant has been convicted of DUII at least two times in the 10 years prior to the date of the current offense. On appeal, defendant assigns error to the trial court's denial of his motion in limine to exclude evidence of his prior 2015 DUII conviction that resulted from a 2005 driving incident. Defendant contends that, under ORS 813.011(1), the date of the commission of the prior offense is…