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STATE v. MELTON

TC90-13772; CA A68817.

829 P.2d 1053 (1992)

112 Or. App. 648

STATE of Oregon, Respondent, v. Larry Keith MELTON, Appellant.

Court of Appeals of Oregon.

Decided April 22, 1992.

Attorney(s) appearing for the Case

Richard L. Wolf, Oregon City, filed the brief and argued the cause for appellant.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

Defendant appeals his DUII conviction. ORS 813.010. He assigns as error the trial court's refusal to grant a mistrial or to give a curative instruction to the jury.1

A motion for mistrial must be timely. It is timely if it is made when the objectionable conduct has just occurred. State v. Walton, 311 Or. 223, 248, 809 P.2d 81 (1991). Defense counsel...

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