STATE v. OLSON

M486112; CA A37579.

719 P.2d 55 (1986)

79 Or.App. 302

STATE of Oregon, Respondent, v. Eric Leroy OLSON, Appellant.

Court of Appeals of Oregon.

Decided May 14, 1986.


Attorney(s) appearing for the Case

Garrett A. Richardson, Portland, argued the cause and filed brief for appellant.

Kendall Barnes, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Salem.

Before JOSEPH, C.J., and VAN HOOMISSEN and YOUNG, JJ.


YOUNG, Judge.

Defendant was tried by the court and convicted of driving while under the influence of intoxicants (DUII). He appeals and claims that the trial court applied an incorrect legal standard in evaluating his choice of evils defense. We vacate the conviction and remand.

Officer Brunt saw defendant on the evening of November 23, 1984, in an argument with a woman in a restaurant parking lot. Brunt intervened and determined that defendant was intoxicated...

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