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STATE v. GUARDIPEE

080545973; A140324.

243 P.3d 149 (2010)

239 Or. App. 44

STATE of Oregon, Plaintiff-Respondent, v. Norma Clara GUARDIPEE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 24, 2010.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Erik Blumenthal , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Greg Rios , Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

HASELTON, P.J.

Defendant, who was convicted on charges of driving under the influence of intoxicants (DUII), ORS 813.010, and failure to appear on a criminal citation, ORS 133.076, appeals. She assigns error to (1) the trial court's failure to give a requested jury instruction defining "driving" and (2) the admission of defendant's bench warrant as substantive evidence with respect to the failure to appear charge. Specifically, with respect to the latter, defendant...

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