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STATE v. BROWN

A160980.

430 P.3d 160 (2018)

294 Or.App. 61

STATE of Oregon, Plaintiff-Respondent, v. Wiley Joseph BROWN, Defendant-Appellant.

Court of Appeals of Oregon.

September 12, 2018.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Erin J. Snyder Severe , Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Shannon T. Reel , Assistant Attorney General, filed the brief for respondent.

Before Tookey, Presiding Judge, and Egan, Chief Judge, and Hadlock, Judge.

In this criminal case, defendant appeals a judgment convicting him of one count of driving under the influence of intoxicants (DUII), ORS 813.010. He argues that the trial court erred in concluding that a police officer was qualified to offer expert testimony that a person who had nystagmus1 as a result...

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