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STATE v. SCOTT

No. DU 14024; CA A25020.

655 P.2d 1094 (1982)

61 Or.App. 205

STATE of Oregon, Respondent, v. Mitchell Patten SCOTT, Appellant.

Court of Appeals of Oregon.

Decided December 29, 1982.

Attorney(s) appearing for the Case

Mary M. Dick, Portland, argued the cause for appellant. With her on the brief was Lauren M. Underwood, Portland.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

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

YOUNG, Judge.

Defendant appeals his conviction for driving under the influence of intoxicants, ORS 487.540, contending that the evidence was insufficient for conviction and that an instruction defining "premises open to the public," ORS 487.535(2) was in error. We reverse.

Defendant is the owner of a condominium in Tanasbrook, a privately-owned condominium development. On September 29, 1981, he was cited for driving under the influence on a street within the...

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