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State v. Heckler

Court of Appeals of Oregon

September 19, 2018

STATE OF OREGON, Plaintiff-Respondent,
v.
TIMOTHY JAMES HECKLER, Defendant-Appellant.

          Submitted August 2, 2018

          Deschutes County Circuit Court 16CR33772 Wells B. Ashby, Judge. (Judgment), Alta Jean Brady, Judge. (Amended Judgment)

          Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Anna Belais, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

          Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Joanna L. Jenkins, Assistant Attorney General, filed the brief for respondent.

          Before Lagesen, Presiding Judge, and DeVore, Judge, and Landau, Senior Judge.

         Case Summary:

         Defendant appeals a judgment of conviction for felony driving while under the influence of intoxicants (DUII), ORS 813.010, and reckless driving, ORS 811.140. Defendant assigns error to the trial court's denial of his motion to exclude his two prior convictions for driving while ability impaired under Colorado Revised Statute (CRS) section 42-4-1301(1)(b) (2010). Defendant argues that CRS section 42-4-1301(1)(b) is not the statutory counterpart to ORS 813.010, and that, therefore, his prior Colorado convictions do not qualify as predicates to enhance his Oregon DUII to a felony under ORS 813.011(1).

         Held:

         The trial court did not err. Applying the analysis of State v. Donovan, 243 Or.App. 187, 256 P.3d 196 (2011), CRS section 42-4-1301(1)(b) is a statutory counterpart to ORS 813.010. The named Oregon and Colorado statutes are the general DUII statutes in each jurisdiction, and have the same use, role, or characteristics.

         Affirmed.

         [294 Or.App. 143] LAGESEN, P. J.

         Defendant appeals a judgment of conviction for felony driving while under the influence of intoxicants (DUII), ORS 813.010, and reckless driving, ORS 811.140. The offense of DUII becomes a felony if the defendant has been convicted of DUII in violation of ORS 813.010 or "its statutory counterpart in another jurisdiction, at least two times in the 10 years prior to the date of the current offense." ORS 813.011(1). Defendant was convicted twice in Colorado for "driving while ability impaired" (DWAI). See Colo Rev Stat (CRS) § 42-4-1301(1)(b) (2006), (2010).[1] Defendant argues that his prior convictions under CRS section 42-4-1301 (1)(b) "do not qualify as predicates to enhance defendant's current DUII to a felony because the Colorado DWAI [statute] is not the statutory counterpart to ORS 813.010" and that the trial court erred in holding otherwise. Because we conclude, applying the analysis of State v. Donovan, 243 Or.App. 187, 256 P.3d 196 (2011), that Colorado's DWAI statute, CRS section 42-4-1301(1)(b), is a statutory counterpart to ORS 813.010, we affirm.

         Defendant, who had previously twice been convicted of DWAI under CRS section 42-4-1301(1)(b), was charged with DUII for driving while intoxicated in Bend, Oregon. At trial, defendant filed a motion to exclude both of his prior Colorado convictions on the ground that CRS section 42-4-1301(1)(b) is not the statutory counterpart to the Oregon DUII statute under which he was convicted, ORS 813.010. The trial court denied the motion. Pursuant to a conditional guilty plea, defendant was convicted of DUII, ORS 813.010, which was treated as a felony based on the Colorado convictions, and reckless driving, ORS 811.140. On appeal, defendant challenges the court's reliance on the Colorado convictions, contending that CRS section 42-4-1301(1)(b) is not the statutory counterpart to ORS 813.010.

         We review a trial court's determination that a statute in another jurisdiction is a "statutory counterpart" to [294 Or.App. 144] ORS 813.010 for legal error. Donovan, 243 Or.App. at 191. The question in this case is whether CRS section 42-4-1301(1)(b) is a statutory counterpart to ORS ...


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