STATE v. McCRARY

A152321, MI110529.

337 P.3d 1008 (2014)

266 Or. App. 513

STATE of Oregon, Plaintiff-Respondent, v. Christine Ann McCRARY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 22, 2014.


Attorney(s) appearing for the Case

Sarah Laidlaw , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Jamie K. Contreras , Assistant Attorney-in-Charge, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

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


DEVORE, P.J.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010, and reckless driving, ORS 811.140. Defendant raises assignments of error related to the trial court's direction that she submit to a test in court to check for a natural or resting nystagmus. She challenges a ruling that permitted the state to request an officer to perform the test during trial, an instruction to the jury stating that defendant...

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