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STATE v. DIVITO

TC95-12218; CA A90618.

955 P.2d 327 (1998)

152 Or. App. 672

STATE of Oregon, Appellant, v. Claudia DIVITO, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted January 13, 1998.

Decided February 25, 1998.

Attorney(s) appearing for the Case

Kaye E. Sunderland, Assistant Attorney General, argued the cause for appellant. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

John Henry Hingson III, Oregon City, argued the cause and filed the brief for respondent.

Resubmitted In Banc January 13, 1998.

EDMONDS, Judge.

Defendant is charged with driving while under the influence of intoxicants (DUII) under ORS 813.010. The state appeals a pretrial ruling that excluded testimony by a state witness, as a sanction for a purported discovery violation. We reverse and remand.

This prosecution arose out of an automobile accident. Defendant's theory of the case is that she was not the driver of the car that was involved...

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