STATE v. ROLLER

Z593927; A107271.

47 P.3d 52 (2002)

181 Or. App. 542

STATE of Oregon, Respondent, v. Dale ROLLER, Appellant.

Court of Appeals of Oregon.

Decided May 29, 2002.


Attorney(s) appearing for the Case

Rebecca Duncan, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Public Defender.

Laura S. Anderson, 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 BREWER, Judge, and COLLINS, Judge pro tempore.


LANDAU, P.J.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants. ORS 813.010 (1997). He argues that the trial court erred in delivering an instruction informing the jury that, even if defendant's blood alcohol content was less than .08 percent, it could find that he was under the influence of intoxicants if he was in a physical condition that made him more susceptible to the influence of intoxicants than he otherwise would have...

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