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STATE v. SMELCER

CF94-0487, CA A87812.

939 P.2d 154 (1997)

148 Or. App. 225

STATE of Oregon, Respondent, v. Robert Eugene SMELCER, Appellant.

Court of Appeals of Oregon.

Decided May 28, 1997.

Attorney(s) appearing for the Case

David C. Degner, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Rives Kistler, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII), ORS 813.010, arguing that the trial court erred in denying his motion for a judgment of acquittal. We agree and reverse.

On September 2, 1994, Officer Miller stopped defendant after seeing him drive erratically within the City of Pendleton. After defendant was stopped, he left his car and hollered, "Well, you got me. Let's go." Defendant was disheveled...

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