Resubmitted In Banc October 7, 1981.
THORNTON, Judge.
Defendant was convicted after jury trial in the district court of driving under the influence of intoxicants, attempting to elude a police officer. The sole issue presented on appeal is whether the trial judge committed reversible error in refusing to allow testimony of defendant's girlfriend as a penalty for the defense attorney's violation of the discovery statute. ORS 135.835.
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