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Oregon Appellate Court, December 29, 2021

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by: Rankin Johnson • December 31, 2021 • no comments

 

Summarized by Rankin Johnson, OCDLA

ACCUSATORY INSTRUMENTS - Dates
Importance: 2/5

Specific date of offense is not material element of driving while suspended. Affirmed.

The indictment alleged an offense date in January, but the state offered evidence that the offense occurred the preceding December. Defendant unsuccessfully argued that he needed the precise date to prepare a defense, because a license is suspended for a specific term.

State v. Arriaga-Mendoza 316 Or App 667 (December 29, 2021) (Mooney) Multnomah County, Roberts)