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STATE v. GIBBS

010545693; A118270.

89 P.3d 1215 (2004)

193 Or. App. 296

STATE of Oregon, Respondent, v. Lorikko Izell Burkett GIBBS, aka Lorikko Isael Gibbs, Appellant.

Court of Appeals of Oregon.

Decided April 28, 2004.

Attorney(s) appearing for the Case

Jamesa J. Drake, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter A. Ozanne, Executive Director, Office of Public Defense Services.

David John Amesbury, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

PER CURIAM.

Defendant appeals his conviction for Driving Under the Influence of Intoxicants, ORS 813.010(1). His defense at trial was that he had previously suffered a severe head trauma and that the apparent symptoms of intoxication that the officer observed were in fact the result of that injury. Over his objection, the trial court gave Uniform Criminal Jury Instruction 2076, which informs the jury that a defendant whose physical condition makes the defendant more...

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