Opinion
266313; CA A40313
Submitted on record and briefs October 10, 1986.
Reversed and remanded for a new trial November 12, 1986.
Appeal from the District Court, Marion County, Tom Beck, Judge.
Roger K. Evans, Salem, filed the brief for appellant.
Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Linda DeVries Grimms, Assistant Attorney General, Salem, filed the brief for respondent.
Before Richardson, Presiding Judge, and Newman and Deits, Judges.
PER CURIAM
Reversed and remanded for a new trial.
Defendant appeals from a conviction for driving while his operator's license was suspended. The court ruled that he could not rely on a defense of lack of notice of the suspension under ORS 811.180. The state concedes that the court erred. We agree.
Reversed and remanded for a new trial.