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STATE v. HARDMAN

CR0102500; A119939.

102 P.3d 722 (2004)

196 Or. App. 522

STATE of Oregon, Appellant, v. Doran Billie HARDMAN, Respondent.

Court of Appeals of Oregon.

Decided December 8, 2004.

Attorney(s) appearing for the Case

Laura S. Anderson, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Robert Thuemmel, Portland, argued the cause for respondent. With him on the brief was Thuemmel & Uhle.

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

LINDER, J.

Defendant was charged with manslaughter in the first degree, ORS 163.118, arising out of an alcohol-related vehicle accident.1 Before trial, defendant moved to exclude evidence of his involvement in a previous alcohol-related accident involving a motor vehicle. The trial court granted the motion, and the state appeals. We reverse and remand.

The relevant facts are undisputed. In April 2001, police responded to a car...

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