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STATE v. MILLER

880117M; CA A48812.

769 P.2d 788 (1989)

95 Or.App. 439

STATE of Oregon, Respondent, v. Les Lee MILLER, Appellant.

Court of Appeals of Oregon.

Decided March 1, 1989.

Reconsideration Denied April 21, 1989.

Attorney(s) appearing for the Case

Henry M. Silberblatt, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

In this driving under the influence of intoxicants (DUII) case, defendant argues that he should have been allowed to assert the defense of involuntary intoxication. He asks us to reconsider our opinion in State v. Maguire, 78 Or.App. 459, 717 P.2d 226 (1986), affirmed without opinion by an equally divided court, 303 Or. 368,

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