State v. Werner

Under 813.011(1), the word “convicted” refers to the date of conviction, where its interpretation is supported by Measure 73, which “makes DUII a Class C felony if defendant [was] previously convicted of DUII, or statutory counterpart, at least twice in prior 10 years.” Shilo Inn v. Multnomah County, 334 Or 11 (2002).

Defendant appealed a judgment convicting him of felony DUII, as well as other crimes. Defendant assigned error to the trial court’s denial of his motion in limine that excluded evidence of a 2015 DUII conviction that occurred in 2005. On appeal, Defendant argued that, under ORS 813.011(1), the date of the commission of the offense is relevant, and not the date of the conviction. In response, the State argued that the motion in limine was properly denied and that, under ORS 813.011(1), the date of conviction controls, not the commission of the offense. Under 813.011(1), the word “convicted” refers to the date of conviction, where its interpretation is supported by Measure 73, which “makes DUII a Class C felony if defendant [was] previously convicted of DUII, or statutory counterpart, at least twice in prior 10 years.” Shilo Inn v. Multnomah County, 334 Or 11 (2002). The Court held that both the legislative history and explanatory text supported the State’s interpretation of “convicted,” which incorporates the conviction date. Affirmed.