WOLLHEIM, P.J.
Defendant appeals his conviction for driving under the influence of intoxicants, ORS 813.010. He contends that he did not have a fair trial because the prosecutor stated in rebuttal closing argument that, to the extent an Intoxilyzer errs, it errs in favor of defendant and that defendant's blood alcohol content "could have been as high as .40 percent," which was not supported by evidence at trial. Because the evidence at trial demonstrated that defendant...
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