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STATE v. RICH

11FE0112; A151602.

314 P.3d 979 (2013)

259 Or. App. 655

STATE of Oregon, Plaintiff-Respondent, v. Mickey Allen RICH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 27, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and David Sherbo-Huggins , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Patrick M. Ebbett , Senior Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

PER CURIAM.

Defendant was convicted of driving under the influence of intoxicants (DUII), ORS 813.010(5), after a jury trial.1 At trial, the court gave Uniform Criminal Jury Instruction 2708 (the Miles instruction), which informs the jury that a defendant whose physical condition makes that defendant more susceptible to the influence of alcohol than he or she would otherwise be is nevertheless under the influence of intoxicants...

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