Schrunk v. Bearden

Plaintiff, the District Attorney of Multnomah County, appeals from an order denying his petition for a writ of mandamus directed to the defendant judge. Plaintiff seeks to compel defendant to dismiss a petition for diversion by a person charged with driving while under the influence of intoxicants. We conclude that plaintiff is entitled to issuance of the writ, and we reverse.

Davis, the DUII defendant, filed a petition for diversion pursuant to ORS 484.445 et seq. Plaintiff objected to the petition on the ground that Davis had been convicted of DUII within the ten-year period before…