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STATE v. CLARKE

A163609.

451 P.3d 1022 (2019)

300 Or. App. 74

STATE of Oregon, Plaintiff-Respondent, v. Beau Allen CLARKE, Defendant-Appellant.

Court of Appeals of Oregon.

October 16, 2019.

Attorney(s) appearing for the Case

Brett J. Allin , Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Joanna L. Jenkins , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge.

A jury convicted defendant of driving under the influence of intoxicants, ORS 813.010(4). On appeal, defendant contends that the trial court erred in three respects: (1) by sustaining the state's objection to defendant's closing argument about the state's inability to supply a drug recognition expert (DRE) opinion; (2) by commenting...

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