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STATE v. INGRAM

0701724CR; A139621.

243 P.3d 488 (2010)

238 Or. App. 720

STATE of Oregon, Plaintiff-Respondent, v. Dale Duane INGRAM, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 17, 2010.

Attorney(s) appearing for the Case

Irene B. Taylor , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Karla H. Ferrall , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

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

ORTEGA, J.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010(4). He assigns error to the admission of evidence from a Horizontal Gaze Nystagmus (HGN) test, arguing that the state failed to establish the necessary foundation before admission of that scientific evidence. For the reasons stated below, we reverse and remand.

The following facts are undisputed. Oregon State Police Trooper Kevin Roach,...

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