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STATE v. JOHNSON

050545574, A132970.

182 P.3d 256 (2008)

219 Or. App. 200

STATE of Oregon, Plaintiff-Respondent, v. James Henry JOHNSON, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 9, 2008.

Attorney(s) appearing for the Case

William Uhle, Portland, argued the cause and filed the brief for appellant.

Karla Alderman, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Anna M. Joyce, Assistant Attorney General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

Defendant appeals from his conviction for driving under the influence of intoxicants. ORS 813.010(1). He argues that the trial court erred in permitting a police officer to testify that, based on his observations, defendant's blood alcohol content was at or above the legal limit. The state concedes that the trial court erred, but it contends that the error was harmless because there was overwhelming evidence that defendant was under the influence of...

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