STATE v. NEWCOMER

211119621; A150802.

337 P.3d 137 (2014)

265 Or. App. 706

STATE of Oregon, Plaintiff-Respondent, v. Michael H. NEWCOMER, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 1, 2014.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Emily P. Seltzer , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Joanna L. Jenkins , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and DeVORE, Judge, and EDMONDS, Senior Judge.


DEVORE, J.

Defendant raises two assignments of error, appealing a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010, and failure to appear on a criminal citation, ORS 133.076. Due to an erroneous jury instruction, we reverse and remand the conviction for failure to appear and otherwise affirm.

First, defendant assigns error to the trial court's denial of his motion to suppress evidence of his urine sample, arguing that...

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