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STATE v. AVILA

A167346.

507 P.3d 704 (2022)

318 Or. App. 284

STATE of Oregon, Plaintiff-Respondent, v. Jose Antonio AVILA, aka Antonio Avila, Defendant-Appellant.

Court of Appeals of Oregon.

March 16, 2022.

Attorney(s) appearing for the Case

Kyle Krohn , Deputy Public Defender, argued the cause for appellant. Also on the brief 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 Ortega, Presiding Judge, and Shorr, Judge, and James, Judge.

This case involves the giving of what is known as the "Miles instruction," which tells the jury in a DUII case that a defendant whose "physical condition" makes that defendant "more susceptible to the influence of intoxicants" and who becomes "under the influence by a lesser quantity of intoxicants than it would otherwise take,...

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