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STATE v. BIGEJ

84-10401; CA A35170.

711 P.2d 189 (1985)

77 Or.App. 18

STATE of Oregon, Respondent, v. Jon Leland BIGEJ, Appellant.

Court of Appeals of Oregon.

Decided December 18, 1985.

Attorney(s) appearing for the Case

John Henry Hingson III, Oregon City, argued the cause and filed the brief for appellant.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 487.540. He assigns as error the admission of a certificate attesting to the accuracy of the intoxilyzer machine used to test the alcohol content of his breath. Defendant objected to receipt of the certificate on the grounds that the certificate is hearsay, denies him the right to confront a witness against him and is expert opinion testimony not subject...

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