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STATE v. BABCOCK

A176785.

535 P.3d 345 (2023)

327 Or. App. 358

STATE of Oregon, Plaintiff-Respondent, v. Ralph Edward BABCOCK, Defendant-Appellant.

Court of Appeals of Oregon.

August 9, 2023.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Sarah De La Cruz , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Joanna Hershey , Assistant Attorney General, filed the brief for respondent.

Before Aoyagi, Presiding Judge, and Joyce, Judge, and Jacquot, Judge.

Defendant was convicted of driving under the influence of intoxicants, ORS 813.010(4). On appeal, he raises a single assignment of error, arguing that the trial court erred in failing to intervene sua sponte to strike improper statements by the prosecutor during rebuttal closing argument. Applying the principles recently articulated...

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