State v. Maynard

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). ORS 813.010. He contends that the trial court erred when it denied his request for diversion. See ORS 813.200 et seq. The issue is whether defendant’s uncounseled entry into a diversion program in 1982 may be used to deny him diversion in this case. We affirm.

In 1982, defendant was charged with DUII. He was not represented by counsel on that charge. His request for diversion was granted. In this 1986 case, his request for diversion was denied. See ORS 813.210(4)(b).1 He was convicted in a stipulated facts…