State v. Carroll

The issue here is whether the legislature’s 2009 amendment of ORS 813.215, which increased the “look-back” period from 10 to 15 years for eligibility for diversion on a charge of misdemeanor driving under the influence of intoxicants (DUII), ORS 813.010, results in an ex post facto violation when applied retroactively to defendant. Defendant was convicted of DUII based on conduct that occurred in December 2009. At that time a person could be eligible for diversion if the person had not had any DUII diversions or convictions within the 10 preceding years. ORS 813.215 (2007). As a result of an…