STATE v. ROBINSON

T72623; CA A63860.

802 P.2d 688 (1990)

104 Or.App. 613

STATE of Oregon, Respondent, v. Gerald Stanley ROBINSON, Appellant.

Court of Appeals of Oregon.

Decided December 12, 1990.


Attorney(s) appearing for the Case

John Henry Hingson III, Oregon City, argued the cause and filed the brief for appellant.

Keith Wingfield, 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 WARREN, P.J., and RIGGS and EDMONDS, JJ.


RIGGS, Judge.

Defendant was convicted of driving under the influence of intoxicants. ORS 813.010. He seeks reversal on the ground that the trial court improperly excluded evidence. We reverse and remand.

The case was tried to the court, without a jury. Several state witnesses testified that, on January 6, 1989, the night of defendant's arrest, he had poor balance and was staggering. Defendant introduced evidence that on January 5, 1986, he had had a snowmobile...

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