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STATE v. GIRARD

884244; CA A70685.

832 P.2d 463 (1992)

113 Or. App. 238

STATE of Oregon, Respondent, v. George Victor GIRARD, Appellant.

Court of Appeals of Oregon.

Decided May 27, 1992.

Attorney(s) appearing for the Case

Robert Thuemmel, Portland, argued the cause for appellant. With him on the brief was Thuemmel & Uhle, Portland.

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 WARREN, P.J., and JOSEPH, C.J., and EDMONDS, J.

WARREN, Presiding Judge.

Defendant appealed his conviction for driving under the influence of intoxicants, ORS 813.010, and we vacated the judgment with specific instructions on remand. State v. Girard, 106 Or.App. 463, 808 P.2d 1017 (1991). The trial court reinstated the judgment, and defendant appeals again. We again vacate the judgment and order a new trial.

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