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STATE v. KING

90-61827; CA A69804.

834 P.2d 463 (1992)

114 Or. App. 32

STATE of Oregon, Respondent, v. Marrion Allison KING, Appellant.

Court of Appeals of Oregon.

Decided July 8, 1992.

Reconsideration Denied September 2, 1992.

Attorney(s) appearing for the Case

Michael V. Phillips, Eugene, argued the cause for appellant. With him on the brief was Johnson, Clifton, Larson & Bolin, P.C., Eugene.

Diane S. Lefkow, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief was Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals his conviction, in a trial to a jury, of driving under the influence of intoxicants (DUII). ORS 813.010. He contends that the court erred by refusing to give his requested instructions. We affirm.

ORS 813.010 provides:

"(1) A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person: "(a) Has .08 percent or more by weight of...

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