STATE v. BILSBORROW

061052662; A135785.

215 P.3d 914 (2009)

230 Or. App. 413

STATE of Oregon, Plaintiff-Respondent, v. Christopher K. BILSBORROW, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 19, 2009.


Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Zachary Lovett Mazer, Deputy Public Defender, Legal Services Division, Office of Public Defense Services, filed the brief for appellant.

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

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and DEITS, Senior Judge.


SCHUMAN, P.J.

Portland police officers found defendant asleep and drunk behind the wheel of his parked car. A jury convicted him of driving under the influence of intoxicants (DUII). ORS 813.010. On appeal, he argues, first, that the trial court erred in denying his motion for a judgment of acquittal (MJOA) because there was no evidence that he had operated the car while intoxicated; and second, that the court abused its discretion by denying his motion for a mistrial...

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