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STATE v. McFERON

(Z435586; CA A97453)

999 P.2d 470 (2000)

166 Or. App. 110

STATE of Oregon, Respondent, v. Donald P. McFERON, Appellant.

Court of Appeals of Oregon.

Decided March 8, 2000.

Attorney(s) appearing for the Case

Kimi Nam, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before, LANDAU, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

WOLLHEIM, J.

Defendant appeals from his conviction for driving under the influence of intoxicants (DUII), ORS 813.010. On appeal, defendant argues that the trial court erred in admitting certain testimony by "drug recognition experts," in denying his motion for a mistrial, in denying his motion for judgment of acquittal, and in instructing the jury. For the following reasons, we reverse and remand for a new trial.

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