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STATE v. BEN

TC 87-2184; CA A49179; SC S36447.

798 P.2d 650 (1990)

310 Or. 309

STATE of Oregon, Respondent On Review, v. Chester Alan BEN, Petitioner On Review.

Supreme Court of Oregon.

Decided September 20, 1990.

Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Salem, argued the cause and filed the petition on behalf of the petitioner on review. With her on the petition was Sally L. Avera, Acting Public Defender, Salem.

Jas Adams, Asst. Atty. Gen., Salem, argued the cause and filed the response on behalf of respondent on review. With him on the response were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE, VAN HOOMISSEN and FADELEY, JJ.

GILLETTE, Justice.

Defendant in this criminal case was convicted of driving while suspended, driving under the influence of intoxicants, first degree criminal mischief, and reckless endangerment. The defense was that one Martin, not defendant, was driving. On the day of trial, defense counsel revealed for the first time the existence of Martin and another witness, Nelson. Defense counsel also instructed all defense witnesses that they should not discuss their testimony...

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