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STATE v. McINTIRE

A175345.

537 P.3d 608 (2023)

328 Or. App. 328

STATE of Oregon, Plaintiff-Respondent, v. Brian James MCINTIRE, Defendant-Appellant.

Court of Appeals of Oregon.

September 27, 2023.

Attorney(s) appearing for the Case

Kyle Krohn , 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 Shorr, Presiding Judge, and Mooney, Judge, and Pagan, Judge.

Defendant appeals from a judgment of conviction for first-degree manslaughter, ORS 163.118 (Counts 1 and 2); fourth-degree assault, ORS 163.160 (Count 4); and driving under the influence of intoxicants (DUII), ORS 813.010 (Count 5).1 On appeal, defendant raises two assignments of error. His first assignment...

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