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STATE v. HOWARD

No. T79-10-0339; CA 17956.

621 P.2d 92 (1980)

49 Or.App. 933

STATE of Oregon, Respondent, v. Roger Allan HOWARD, Appellant.

Court of Appeals of Oregon.

Decided December 22, 1980.

Attorney(s) appearing for the Case

John Henry Hingson, III, Oregon City, argued the cause and filed the brief for appellant.

Virginia L. Linder, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

GILLETTE, Presiding Judge.

Defendant appeals his conviction for the traffic crime of driving under the influence of intoxicants (DUII), raising only the question of whether he was denied the effective assistance of counsel because, after the state's case in chief, his attorney failed to move for a directed verdict of acquittal on the ground that the state had failed to prove a material element of the crime. We do not find ineffective assistance of counsel on the face...

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