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STATE v. OLMSTEAD

DC 88-11312; CA A50685; SC S36654.

800 P.2d 277 (1990)

310 Or. 455

STATE of Oregon, Respondent On Review, v. Kenneth Dale OLMSTEAD, Petitioner On Review.

Supreme Court of Oregon.

Decided October 25, 1990.

Attorney(s) appearing for the Case

Michael McGrady, Eugene, argued the cause and filed the petition for petitioner on review.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent on review.

Before PETERSON, C.J., CARSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ., and GRABER, J. Pro Tem.

GRABER, Justice Pro Tem.

Defendant was charged with driving under the influence of intoxicants (DUII), ORS 813.010,1 and driving while suspended (DWS), ORS 811.182.2 Pursuant to ORS 161.309, he gave notice of his intent to raise the affirmative defense of guilty except for insanity under ORS 161.295. The state filed a motion in opposition, requesting "that the court strike defendant's Notice of Intent to Rely...

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