A179451 (Control) A179452 A179936.

546 P.3d 956 (2024)

331 Or. App. 585

STATE of Oregon, Plaintiff-Respondent, v. Larry Alex WHITELEY, Defendant-Appellant.

Court of Appeals of Oregon.

March 27, 2024.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and John Evans , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Salem, Benjamin Gutman , Solicitor General, Salem, and Colm Moore , Assistant Attorney General, Portland, filed the brief for respondent.

Before Ortega, Presiding Judge, Powers, Judge, and Hellman, Judge.

In this consolidated criminal appeal, defendant assigns error to the trial court's refusal to give a choice of evils jury instruction. In Case No. 21CR03245, defendant appeals from a judgment of conviction for felony driving while suspended or revoked (DWS) and felony driving under the influence of intoxicants (DUII).

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