STATE v. POWELL

10-83-04402; CA A32826.

703 P.2d 257 (1985)

74 Or.App. 334

STATE of Oregon, Respondent, v. Clovis D. POWELL, Appellant.

Court of Appeals of Oregon.

Decided July 10, 1985.


Attorney(s) appearing for the Case

Shaun S. McCrea, Eugene, argued the cause for appellant. On the brief was Robert J. McCrea, Eugene.

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

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


YOUNG, Judge.

Defendant appeals his conviction for felony driving while suspended. ORS 487.560(6). He argues that the court erred when it gave, over objection, a "weaker and less satisfactory evidence" instruction to the jury. We agree and reverse.

Defendant was suspended for one year after he had been convicted the second time for driving under the influence of intoxicants (DUII). That suspension expired on May 5, 1983. The issue at trial was whether defendant...

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