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STATE v. OHOTTO

100746M; A148725.

323 P.3d 306 (2014)

261 Or. App. 70

STATE of Oregon, Plaintiff-Respondent, v. Joseph Patrick OHOTTO, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 12, 2014.

Attorney(s) appearing for the Case

Elizabeth G. Daily , Deputy Public Defender, argued the cause for appellant. With her on the briefs was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Matthew J. Lysne , Salem, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before DUNCAN, Presiding Judge, and DeVORE, Judge, and SCHUMAN, Senior Judge.

DEVORE, J.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010(1).1 Defendant assigns error to the trial court's ruling admitting a deputy's testimony regarding the rate of absorption and elimination of alcohol in an individual's blood. Defendant argues that the state failed to establish the foundation needed to admit scientific evidence and that the deputy did not have the expertise...

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