STATE v. SCALLY

M 695718; CA A45879.

758 P.2d 365 (1988)

92 Or.App. 149

STATE of Oregon, Respondent, v. Alan James SCALLY, Appellant.

Court of Appeals of Oregon.

Decided July 13, 1988.


Attorney(s) appearing for the Case

Clint A. Lonergan, Portland, argued the cause and filed the brief for appellant.

Stephanie Smythe, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and GRABER, JJ.


GRABER, Judge.

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010. He argues that the court erred in admitting testimony, under OEC 803(5), from the arresting police officer. We affirm.

At trial, the officer testified to circumstances surrounding the stop and the arrest of defendant. He had no present recollection of several questions that he had asked or of the answers that defendant had given. However, that information...

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