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STATE v. STILES

(Z448573; CA A102471)

998 P.2d 703 (2000)

165 Or. App. 584

STATE of Oregon, Respondent, v. Kelly Lee STILES, Appellant.

Court of Appeals of Oregon.

Decided February 23, 2000.

Attorney(s) appearing for the Case

David J. Celuch, Portland, argued the cause and filed the brief for appellant.

Holly A. Vance, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

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

HASELTON, J.

Defendant appeals from his conviction for driving under the influence of intoxicants. ORS 813.010. He asserts, in part, that, because the accusatory instrument did not allege the use of controlled substances, the court erred in instructing the jury that he could be convicted of driving under the influence of a combination of marijuana and intoxicating liquor. We agree with defendant that the challenged instruction...

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