STATE v. MEDINA

No. 18-099; CA 11371.

592 P.2d 1042 (1979)

39 Or.App. 467

STATE of Oregon, Respondent, v. Albino MEDINA, Appellant.

Court of Appeals of Oregon.

Decided April 2, 1979.


Attorney(s) appearing for the Case

James E. Mountain, Jr., Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.


TANZER, Judge.

Defendant appeals his conviction for driving while his operator's license was suspended. His sole cognizable assignment of error is the denial of a motion for a mistrial.

The arresting officer testified that after the car was stopped he observed the defendant move from the driver's seat to the passenger's seat, exchanging places with a passenger. The defense was that the defendant was not driving. The factual determination therefore turned solely...

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