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STATE v. SAVAGE

07D911699, A137126.

203 P.3d 295 (2009)

226 Or. App. 116

STATE of Oregon, Plaintiff-Respondent, v. John Thomas SAVAGE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 25, 2009.

Attorney(s) appearing for the Case

John Thomas Savage filed the brief pro se.

Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Greg Rios, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

Defendant appeals a judgment of conviction for failure to drive within a lane. He contends that the trial court erred in amending the original citation, which was for careless driving, after the close of the evidence and without notice to him. The state concedes the error, but argues that the proper remedy is to remand for a new trial. We agree that the trial court erred, but we do not agree that the appropriate remedy is to remand. We therefore reverse...

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