STATE v. PROBE

D0303618M; A124475.

117 P.3d 310 (2005)

200 Or. App. 708

STATE of Oregon, Respondent, v. Joseph John PROBE, Appellant.

Court of Appeals of Oregon.

Decided July 27, 2005.


Attorney(s) appearing for the Case

Garrett A. Richardson filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Susan G. Howe, Senior Assistant Attorney General, filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and BREWER, Chief Judge, and LANDAU, Judge.


ARMSTRONG, P.J.

Defendant appeals his convictions, after trial to the court, for driving under the influence of intoxicants (DUII), ORS 813.010, reckless driving, ORS 811.140, and two counts of failure to perform the duties of a driver, ORS 811.700. He assigns error to the trial court's denial of his motion for a judgment of acquittal on all counts, made on the ground that there was insufficient evidence that defendant was the driver of the vehicle or that the events...

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