STATE v. LAMBERT

CR0513468, A132092.

206 P.3d 1065 (2009)

227 Or. App. 614

STATE of Oregon, Plaintiff-Respondent, v. Peter Dirk LAMBERT, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 22, 2009.


Attorney(s) appearing for the Case

Michael A. Breiling, Portland, argued the cause and filed the brief for appellant.

Inge D. Wells, Senior 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 EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and BARRON, Judge pro tempore.


BARRON, J. pro tempore.

Defendant was convicted of boating under the influence of intoxicants, ORS 830.325, after a trial to the court. He appeals, seeking a reversal of his conviction. He contends that the raft in which he was floating was not a boat within the meaning of the statute and that, even if it was a boat, there was not sufficient evidence to show that he operated it or was in actual physical control of it, as required by the statute. We review defendant...

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