STATE v. COSTANZO

87-12721; CA A47303.

766 P.2d 415 (1988)

94 Or.App. 516

STATE of Oregon, Respondent, v. Louis Anthony COSTANZO, Appellant.

Court of Appeals of Oregon.

Argued and Submitted October 19, 1988.


Attorney(s) appearing for the Case

Arthur P. Stangell, Oregon City, argued the cause and filed the brief for appellant.

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


WARREN, Judge:

Defendant appeals his conviction for driving while his license was suspended. ORS 811.175. He assigns as error the trial court's granting of the state's motion to withdraw from the jury defendant's instructions on the choice of evils defense and the affirmative defense of necessity. We reverse.

On August 24, 1987, Deputy Sheriff Poppen saw defendant driving a vehicle with a broken windshield. He turned the patrol car around to stop the vehicle...

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