State v. McCoin

Defendant was arrested for driving under the influence of intoxicants (DUII). Because he had been convicted of misdemeanor DUII on six previous occasions, he was charged with felony DUII. ORS 813.010(5). Defendant pleaded no contest to that charge and the trial court found him guilty. ORS 813.012(2) provides that, in determining the criminal history score for a person convicted of felony DUII, every two prior misdemeanor DUII convictions are to be counted as one person felony. In accordance with that statute, the trial court treated defendant’s six previous misdemeanor DUII convictions as…