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STATE v. WHITMORE

211008576; A146430.

307 P.3d 552 (2013)

257 Or. App. 664

STATE of Oregon, Plaintiff-Respondent, v. Trevor James WHITMORE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 24, 2013.

Attorney(s) appearing for the Case

Andrew D. Robinson , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Michael A. Casper , Deputy Solicitor General, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Timothy A. Sylwester , Assistant Attorney General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

Defendant appeals from a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010(1).1 Defendant contends that the trial court erred when it admitted expert testimony by a forensic scientist regarding the rates at which the blood absorbs and eliminates alcohol without the foundational showing of scientific validity required by State v. Brown,

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