STATE v. ROBINSON

Nos. M107051, M107052; CA A24329 (Control), CA A24573.

669 P.2d 1175 (1983)

64 Or.App. 770

STATE of Oregon, Respondent, v. Wesley W. ROBINSON, Appellant.

Court of Appeals of Oregon.

Decided October 5, 1983.


Attorney(s) appearing for the Case

Patrick K. Mackin, Portland, argued the cause and filed the brief for appellant.

Daryl D. Wilson, 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.


WARREN, Judge.

Defendant appeals from a judgment of conviction and a restitution order entered after a jury found him guilty of driving while under the influence of intoxicants, ORS 487.540, and reckless driving. ORS 487.550. He raises five assignments of error. We reverse and remand, because the trial court erred in refusing to allow certain testimony of a witness for the defense, and we address two other evidentiary issues likely to arise on retrial.

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