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STATE v. STUBBS

D094960T; A145851.

304 P.3d 40 (2013)

256 Or. App. 817

STATE of Oregon, Plaintiff-Respondent, v. William David STUBBS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 30, 2013.

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, Anna M. Joyce , Solicitor General, and Joanna L. Jenkins , Assistant Attorney General, filed the brief for respondent.

Before WOLLHEIM, Presiding Judge, and NAKAMOTO, Judge, and EDMONDS, Senior Judge.

NAKAMOTO, J.

Defendant was convicted after a jury trial of one count of driving under the influence of intoxicants (DUII), a misdemeanor. ORS 813.010.1 After the court gave its jury instructions but before deliberations had begun, a juror asked the court whether Ambien, a central nervous system depressant, was a controlled substance. In response, the court did not answer the juror's question and...

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