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STATE v. HARMON

08C48889; A142034.

244 P.3d 910 (2010)

239 Or. App. 587

STATE of Oregon, Plaintiff-Respondent, v. Heath Gary HARMON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 15, 2010.

Attorney(s) appearing for the Case

Jason E. Thompson , Salem, argued the cause for appellant. With him on the brief was Ferder Casebeer French & Thompson, LLP.

Tiffany Keast , Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Jamie K. Contreras , Assistant Attorney General.

Before BREWER, Chief Judge, and EDMONDS, Senior Judge.

EDMONDS, S.J.

Defendant appeals a conviction for driving while under the influence of intoxicants (DUII). ORS 813.010. On appeal, he assigns error to the denial of his motion for a judgment of acquittal and to the trial court's refusal to give a "less satisfactory evidence" jury instruction. We affirm the trial court's ruling with regard to the "less satisfactory evidence" jury instruction without further discussion. As to the claim of error regarding the denial of...

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