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STATE v. WAPNIARSKI

B345525; CA A95589.

950 P.2d 415 (1997)

151 Or. App. 700

STATE of Oregon, Respondent, v. Charles Stanley WAPNIARSKI, Appellant.

Court of Appeals of Oregon.

Decided December 17, 1997.

Attorney(s) appearing for the Case

Garrett A. Richardson, Portland, filed the brief for appellant.

Hardy Myers, Attorney General, Virginia L. Linder, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM.

Defendant appeals his conviction of driving while under the influence of intoxicants. ORS 813.110. He assigns error to the court's failure to sustain his objection to expert testimony from a drug recognition expert as lacking in foundation. He also assigns error to the court's failure to grant his motion for judgment of acquittal.

The state concedes that defendant's objection to the testimony should have been sustained and that without it, the...

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