State v. Maguire

*461GILLETTE, J.,

Pro Tempore

Defendant petitions for reconsideration of our previous decision dismissing the appeal from her conviction for driving while under the influence of intoxicants (DUII) as not being timely filed. State v. Maguire, 72 Or App 223, 695 P2d 586 (1985). We have determined that we were misled by an error in defendant’s brief and that the appeal was timely filed.

On the merits, defendant asserts that the trial court erred in holding that former ORS 487.5401 established DUII as a strict liability crime and that the defense of mental disease or defect does not apply to a strict…