STATE v. TOSTE

007169; A115472.

100 P.3d 738 (2004)

196 Or. App. 11

STATE of Oregon, Respondent, v. Paul R. TOSTE, Appellant.

Court of Appeals of Oregon.

Decided October 27, 2004.


Attorney(s) appearing for the Case

Kevin T. Lafky, Salem, argued the cause for appellant. On the brief were Elizabeth A. Baldwin, Van Nuys, CA, and Stephen L. Roman.

Kaye Ellen McDonald, 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 LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.


LANDAU, P.J.

In this criminal appeal, defendant challenges on double jeopardy grounds his conviction for driving under the influence of intoxicants (DUII). We affirm.

The relevant facts are few and undisputed. Defendant was stopped while driving on a state highway and arrested for DUII. Defendant disclosed to the arresting officer that he had consumed hydrocodone, the generic form of the analgesic Vicodin, shortly before his arrest. The state initially charged...

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