State v. Parker

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 “p articip ate[d]” in a diversion or rehabilitation program within the previous 10 years. ORS 813.215(l)(e) (2007). Defendant asserts, particularly, that, given uncontroverted evidence in the record that he had never submitted to any evaluation, attended any training or classes, or otherwise communicated or interacted with service providers for such programs, the trial court erred in…