STATE v. STERLING

021129MI; A120864.

103 P.3d 1162 (2004)

196 Or. App. 626

STATE of Oregon, Respondent, v. James Allen STERLING, Appellant.

Court of Appeals of Oregon.

Decided December 15, 2004.


Attorney(s) appearing for the Case

Garrett A. Richardson argued the cause and filed the brief for appellant.

Christina M. Hutchins, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.


SCHUMAN, J.

Defendant was convicted of driving under the influence of intoxicants. ORS 813.010(4). On appeal, his sole contention is that the trial court should have granted his motion for a judgment of acquittal because there was insufficient evidence that the driveway on which the alleged violation occurred was "premises open to the general public for the use of motor vehicles." ORS 801.400. The test for determining whether...

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