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STATE v. THACKABERRY

TM0120848; A117211.

95 P.3d 1142 (2004)

194 Or.App. 511

STATE of Oregon, Respondent, v. William THACKABERRY, Appellant.

Court of Appeals of Oregon.

Decided August 11, 2004.

Attorney(s) appearing for the Case

Jamesa J. Drake, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter A. Ozanne, Executive Director.

Jonathan Fussner argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Joanna L. Jenkins, Assistant Attorney General.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

LINDER, J.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). See ORS 813.010. In his original brief to this court, he assigned error to the trial court's refusal to give a proposed jury instruction. After the state filed its respondent's brief, the United States Supreme Court issued its decision in Crawford v. Washington, ___ U.S. ___, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004...

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