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STATE v. McKAY

C082650CR; A144141.

268 P.3d 769 (2011)

247 Or. App. 19

STATE of Oregon, Plaintiff-Respondent, v. Michael Roland McKAY, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 14, 2011.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Susan F. Drake , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Janet A. Klapstein , Senior Assistant Attorney General, filed the brief for respondent.

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

BREWER, C.J.

Defendant appeals from a judgment of conviction for second-degree assault, driving under the influence of intoxicants, reckless driving, and second-degree criminal mischief. Defendant argues that the trial court's application of ORS 161.125(2),1 which prohibited the jury from considering his voluntary intoxication when determining if he had acted with a reckless mental state, violated his right to due process under the Fourteenth...

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