STATE v. STEPHENS

A166474.

493 P.3d 2 (2021)

311 Or. App. 588

STATE of Oregon, Plaintiff-Respondent, v. Mitchell Keith STEPHENS, Defendant-Appellant.

Court of Appeals of Oregon.

May 19, 2021.


Attorney(s) appearing for the Case

Thaddeus Betz , Bend, argued the cause and filed the briefs for appellant.

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 DeHoog, Presiding Judge, and Aoyagi, Judge, and Hadlock, Judge pro tempore.


While driving down a straight stretch of road during daylight hours, defendant hit a bicyclist who was riding on the road's shoulder. The bicyclist died. Defendant did not stop, and he later expressed belief that he had hit a deer. A police investigation revealed evidence that defendant had been intoxicated when he hit the...

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