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STATE v. ANDERSON

91CR-0090; CA A69547.

844 P.2d 923 (1992)

117 Or. App. 495

STATE of Oregon, Respondent, v. Richard Lee ANDERSON, Appellant.

Court of Appeals of Oregon.

Decided December 30, 1992.

Attorney(s) appearing for the Case

Alan H. Biedermann, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Michael M. Pacheco, Asst. Atty. Gen.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

DEITS, Judge.

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010.1 He argues that the trial court erred in giving the "Miles instruction"2 to the jury. We affirm.

On December 31, 1990, at approximately 10:00 p.m., State Trooper Pearson saw defendant riding a motorcycle and stopped him, because he was speeding and weaving in his lane. He noted that defendant...

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