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STATE v. BLANCHARD

(Z434588; CA A98850)

995 P.2d 1200 (2000)

165 Or. App. 127

STATE of Oregon, Respondent, v. David BLANCHARD, Appellant.

Court of Appeals of Oregon.

Decided January 26, 2000.

Attorney(s) appearing for the Case

Andrew S. Chilton, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

David J. Amesbury, 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 EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

DEITS, C.J.

Defendant appeals from his conviction for driving under the influence of intoxicants. ORS 813.010. He assigns error to the trial court's instruction to the jury with respect to his refusal to submit to a breath test under ORS 813.310. We affirm.

Many of the facts are undisputed. Those that are disputed, we state in the light most favorable to the state. State v. McDonnell, 313 Or. 478, 480,

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