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STATE v. WAGNER

Nos. 81-14559-K, 81-14560-K; CA A25799 (Control), A25861.

662 P.2d 799 (1983)

63 Or.App. 204

STATE of Oregon, Respondent, v. Lester Francis WAGNER, Appellant.

Court of Appeals of Oregon.

Argued and Submitted January 7, 1983.

Attorney(s) appearing for the Case

Thomas W. Swint, Grants Pass, argued the cause and filed the brief for appellant.

Linda Acaldo, 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 BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendant challenges his conviction for driving while under the influence of intoxicants.1 ORS 487.540. He seeks a new trial on the ground that, based on the evidence, the trial court erred in taking judicial notice of the fact that "Darvocet 100" is a "controlled substance." We affirm.

At trial, the state proceeded on the theory that defendant had ingested a controlled substance along with alcohol. Defendant testified...

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