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STATE v. SKELTON

9502265CR; CA A93635.

957 P.2d 585 (1998)

153 Or. App. 580

STATE of Oregon, Respondent, v. Gerald Dean SKELTON, Appellant.

Court of Appeals of Oregon.

Decided April 22, 1998.

Attorney(s) appearing for the Case

Dan Maloney, Deputy Public Defender, argued the cause for appellant. With him on the briefs was Sally L. Avera, Public Defender.

Janet A. Klapstein, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

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

ARMSTRONG, Judge.

Defendant appeals from his convictions for three counts of first-degree manslaughter, ORS 163.118, one count of second-degree assault, ORS 163.175, one count of third-degree assault, ORS 163.165, and one count of driving under the influence of intoxicants (DUII), ORS 813.010. We remand for resentencing but otherwise affirm.

Between approximately 9:15 p.m. and 9:45 p.m. on September 2, 1995, defendant, who had a blood-alcohol content of approximately...

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