STATE v. NEBERT

D083501T; A141582.

260 P.3d 559 (2011)

244 Or. App. 80

STATE of Oregon, Plaintiff-Respondent, v. Deanna Dorothy NEBERT, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 29, 2011.


Attorney(s) appearing for the Case

Neil Francis Byl , Deputy Public Defender, argued the cause for appellant. On the brief were Peter Gartlan , Chief Defender, and Lindsey K. Detweiler , Deputy Public Defender, Office of Public Defense Services.

Erika L. Hadlock , Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and David B. Thompson , Interim Solicitor General.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and ROSENBLUM, Senior Judge.


ORTEGA, P.J.

Defendant appeals a judgment of conviction of reckless driving. ORS 811.140. She contends that the trial court erred by refusing to allow her to present evidence, pursuant to ORS 161.300, that she suffered from a mental disease or defect. We agree and therefore reverse and remand.

The charged acts arose from an incident in which, as defendant's trial counsel phrased it, defendant "drove in a scary way and * * * in a way that alarmed other people...

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