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STATE v. HALEY

Nos. 82-1076 (Control), 82-1077; CA A26195 (Control); CA A26196.

667 P.2d 560 (1983)

64 Or.App. 209

STATE of Oregon, Respondent, v. Michael Wade HALEY, Appellant.

Court of Appeals of Oregon.

Decided August 10, 1983.

Attorney(s) appearing for the Case

Ronald K. Cox, Asst. Public Defender, Coquille, argued the cause and filed the brief for appellant.

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

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

GILLETTE, Presiding Judge.

Defendant seeks reversal of his convictions for driving while suspended (ORS 487.560(1)) and driving under the influence of intoxicants (ORS 487.540), contending that the trial court erred by withdrawing his affirmative defense of necessity from the jury. Because defendant offered no evidence to support one of the two elements of that defense, the trial court's ruling was not reversible error. We therefore affirm.

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