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STATE v. COTY

571 P.2d 1262 (1977)

STATE of Oregon, Respondent, v. Roderick Anthony Dean COTY, Appellant.

Court of Appeals of Oregon.

Decided December 5, 1977.

Attorney(s) appearing for the Case

Joseph C. Post, Forest Grove, filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, appeared for respondent.

Before SCHWAB, C.J., and THORNTON and BUTTLER, JJ.

Submitted on Record and Appellant's Brief November 2, 1977.

SCHWAB, Chief Judge.

The state concedes that defendant's conviction for driving under the influence of intoxicants must be reversed and remanded for a new trial because of Brown v. Multnomah County Dist. Ct., 280 Or. 95, 570 P.2d 52 (1977), which was decided after defendant was tried. Defendant responds that outright reversal...

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