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STATE v. VANCE

Nos. L-14650, L-13331; CA 18940.

631 P.2d 843 (1981)

53 Or.App. 290

STATE of Oregon, Respondent, v. Victor T. VANCE, Appellant.

Court of Appeals of Oregon.

Decided July 27, 1981.

Attorney(s) appearing for the Case

Donald R. Wilson, Portland, argued the cause for appellant. With him on the brief was Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Richard David Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

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

YOUNG, Judge.

Defendant appeals two traffic infraction convictions, Driving While Under the Influence of Intoxicants, ORS 487.540, and Possession of an Open Liquor Container in a Vehicle on a Highway. ORS 487.841.1 Traffic citations were issued, following a traffic accident, on November 23, 1979. Trial was before the court, sitting without a jury, on September 5, 1980.

On appeal, defendant asserts five assignments of error:

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