STATE v. OSORNO

120444112; A151949.

333 P.3d 1163 (2014)

264 Or. App. 742

STATE of Oregon, Plaintiff-Respondent, v. Kekainani OSORNO, aka Kekaimanni Osorono, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 13, 2014.


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 Tiffany Keast , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and DEVORE, Judge, and GARRETT, Judge.


GARRETT, J.

A jury convicted defendant of driving under the influence of intoxicants (DUII), reckless driving, and failure to perform the duties of a driver when property is damaged. At trial, the prosecutor elicited testimony regarding defendant's invocation of her right to remain silent, despite a pretrial ruling that such evidence was inadmissible. The trial court denied defendant's motions for a mistrial and for a new...

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