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STATE v. BERNING

11CR0063MI; A150368.

325 P.3d 811 (2014)

262 Or. App. 587

STATE of Oregon, Plaintiff-Respondent, v. Les Bernard BERNING, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 30, 2014.

Attorney(s) appearing for the Case

Neil F. Byl , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Carson L. Whitehead , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

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

PER CURIAM.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII) (Count 1), ORS 813.010; reckless driving (Count 2), ORS 811.140; and two counts of criminal mischief in the second degree (Counts 7 and 8), ORS 164.354. At trial, the state presented evidence that defendant took pain medication on the day of his arrest, but the state failed to identify that medication or offer evidence that the medication made defendant more...

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