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STATE v. WILLIAM

Z401969; A119224.

110 P.3d 1114 (2005)

199 Or. App. 191

STATE of Oregon, Respondent, v. Maley Mills WILLIAM, Appellant.

Court of Appeals of Oregon.

Decided April 20, 2005.

Attorney(s) appearing for the Case

Stephanie Hortsch, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Doug M. Petrina, 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 LANDAU, Presiding Judge, and BREWER, Judge, and ARNOLD, Judge pro tempore.

LANDAU, P.J.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII). ORS 813.010. His sole contention on appeal is that the trial court erred in admitting documentary evidence of the accuracy of an Intoxilyzer without proof that the technician who prepared the documents was unavailable to testify. According to defendant, without such proof of unavailability, the admission of the documents violates his confrontation rights...

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