STATE v. DONATHAN

A157858.

383 P.3d 946 (2016)

281 Or.App. 781

STATE of Oregon, Plaintiff-Respondent, v. Bobby Jay DONATHAN, Defendant-Appellant.

Court of Appeals of Oregon.

Submitted January 27, 2016.


Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and John Evans , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Paul L. Smith , Deputy Solicitor General, and Peenesh H. Shah , Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Egan, Judge, and Shorr, Judge.


Defendant appeals a judgment of conviction for felony driving under the influence of intoxicants (DUII), ORS 813.010(5), raising five assignments of error. We write to address only defendant's first and second assignments, which, in essence, challenge the denial of his motion for a judgment of acquittal on the DUII charge.

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