State v. Wilson

The state appeals from the trial court’s dismissal with prejudice of defendant’s driving under the influence of intoxicants (DUII) charge, ORS 813.010 (2009), 1 on the ground that defendant had successfully completed diversion. We reverse and remand.

On February 25, 2008, defendant entered a plea of guilty to the DUII charge and simultaneously petitioned to . enter into the DUII diversion program. The court allowed the petition, accepted defendant’s guilty plea, but withheld entry of a judgment of conviction pending completion or termination of the diversion. The court granted defendant until…