STATE v. GILL

No. M784833; CA A49564.

772 P.2d 957 (1989)

96 Or.App. 358

STATE of Oregon, Respondent, v. Richard GILL, Appellant.

Court of Appeals of Oregon.

Argued and Submitted March 29, 1989.


Attorney(s) appearing for the Case

Glenn N. Solomon, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Ann Kelley, 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 GRABER, P.J., and RIGGS and EDMONDS, JJ.


EDMONDS, Judge.

Defendant appeals a conviction for driving while under the influence. ORS 813.010. He assigns as error the trial court's preclusion of a defense witness because of an alleged discovery violation. We reverse and remand.

On the morning of trial, the defense notified the state for the first time that it would be calling a witness to testify about the amount of alcoholic beverages consumed by defendant. The witness would testify that he had been...

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