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STATE v. CASSADA

No. K 66131; CA A20742.

647 P.2d 938 (1982)

58 Or.App. 84

STATE of Oregon, Respondent, v. Curtis Ray CASSADA, Appellant.

Court of Appeals of Oregon.

Decided July 8, 1982.

Attorney(s) appearing for the Case

Merrill Schneider, Portland, argued the cause and filed the brief for appellant.

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before JOSEPH, C.J., and WARDEN and WARREN, JJ.

JOSEPH, Chief Judge.

Defendant was convicted by a jury of driving under the influence of intoxicants. ORS 487.540. Because of a prior conviction for driving while suspended, defendant was tried under the provisions for enhanced punishment in former ORS 484.365.1 He assigns three errors.

First, he argues that the trial court erred in taking from the jury the question whether he was under the influence of intoxicants at the time...

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