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STATE v. McNASSAR

M436157, M436159; A35922.

712 P.2d 170 (1986)

77 Or.App. 215

STATE of Oregon, Respondent, v. Alice Carmel McNassar, Appellant.

Court of Appeals of Oregon.

Argued and Submitted November 25, 1985.

Reconsideration Denied February 14, 1986.

Attorney(s) appearing for the Case

William Uhle, Portland, argued the cause and filed the brief, for appellant.

Terry Ann Leggert, Asst. Atty. Gen., Salem, argued the cause, for respondent. With her 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 her convictions for driving under the influence of intoxicants (DUII) and reckless driving, both arising out of the same incident; the court sentenced her only for DUII. She assigns as error the court's refusal to give a less satisfactory evidence instruction. We affirm.

Officer Venemon of the Portland Police Bureau saw defendant driving a car and swerving back and forth...

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